Disposed¶41

T.H.Rajmohan v. the District Collector

Madras HC27 Mar 2025WP/19129/2024

Case brief

AI extract

What is this about?

Madras High Court; W.P.No.19129 of 2024; T.H.Rajmohan v. The District Collector, Thiruvallur and others; writ of mandamus; Article 226 Constitution of India; Pachai Amman Flour Mill; Thirumullaivoyal; Avadi; electricity disconnection; relocation of flour mill; residential locality nuisance; TNPCB show cause notice dated 25.03.2025; premises locked and sealed by Avadi Corporation; direction to continue and conclude enforcement within three months; disposed of on 27.03.2025; S.M. Subramaniam and K. Rajasekar, JJ.; no costs.

What did the court decide?

Direction to the Tamil Nadu Pollution Control Board and the Avadi Corporation to continue enforcement actions in accordance with due procedure and conclude them expeditiously, preferably within three (3) months from receipt of a copy of the order; writ petition disposed of with no order as to costs.

T.H.Rajmohan Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 to 6 to consider the petitioner's representation dated 06.02.2024 seeking disconnection of electricity supply to 'Pachai Amman Flour Mill' and its shift/relocation away from the petitioner's residential locality. +1 more

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Court's answer

The writ petition stands disposed of in the above terms, with no order as to costs.

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Ratio / Principle

In view of the commencement of action by the Tamil Nadu Pollution Control Board (show cause notice dated 25.03.2025) and the Avadi Corporation (locking and sealing of the premises), both authorities were directed to continue the enforcement actions by following due procedures and to conclude the same expeditiously, preferably within three (3) months from the date of receipt of a copy of the order, proceeding as per the procedures contemplated under law.

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Detailed headnote1 paragraphs

Mandamus under Article 226 concerning 'Pachai Amman Flour Mill', Door No.64, Kullakkarai Street, Thirumullaivoyal, Chennai: the petitioner sought directions to respondents 1 to 6 to consider his representation dated 06.02.2024 for disconnection of electricity supply to the mill and its relocation away from his residential locality. Noting that the District Environmental Engineer, TNPCB, Tiruvallur had issued a show cause notice to the seventh respondent on 25.03.2025, and that the Avadi Corporation had locked and sealed the premises, the Madras High Court (S.M. Subramaniam and K. Rajasekar, JJ.) directed both authorities to continue enforcement actions following due procedure and to conclude them expeditiously, preferably within three months from receipt of a copy of the order. Writ petition disposed of; no costs.

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W.P.No.19129 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.03.2025

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CORAM

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THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM

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AND

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THE HON'BLE MR. JUSTICE K. RAJASEKAR

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Writ Petition No.19129 of 2024

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T.H.Rajmohan ... Petitioner

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Vs.

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1.The District Collector, Office of District Collector, Thiruvallur District, Thiruvallur.

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2.The Tahsildar, Avadi Taluk, Office of Avadi Taluk Avadi, Chennai-600 054.

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3.The Commissioner, Avadi Municipality, Avadi, Chennai-600 054.

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4.The Director of Environmental Engineer, Pollution Control Board, No.77-A, Padi, Ambattur Industrial Estate Road, Chennai-600 058.

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1/6

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https://www.mhc.tn.gov.in/judis

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W.P.No.19129 of 2024

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5.The Executive Engineer, Operation & Maintenance / Avadi, Tamil Nadu Generation and Distribution Corporation (TANGEDCO) Chennai West Division, N.M.Road, Avadi, Chennai-600 054.

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6.The Assistant Engineer,

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Tamil Nadu Generation and Distribution Corporation (TANGEDCO) Chennai West Division, North Mada Street, Thirumullaivoyal, Chennai-600 062.

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T.Sundaram ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents 1 to 6 to consider the petitioner's representation dated 06.02.2024 in so far as to disconnect electricity supply to “Pachai Amman Flour Mill” running at Door No.64, Kullakkarai Street, Thirumullaivoyal, Chennai – 600 062 for the reason flouting the business rules and to shift/relocate the “Pachai Amman Flour Mill” to a place far away from the petitioner's residential locality within a stipulated time frame as fixed by this Court.

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For Petitioner : Mr.N.John Josh For RR1 & 2 : Mr.G.Ameedius Government Advocate For R3 : Mr.R.A.Gopinath

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For R4 : Mr.V.Gunasekar

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https://www.mhc.tn.gov.in/judis

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2/6

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W.P.No.19129 of 2024

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Standing Counsel for TNPCB For RR5 & 6 : No appearance For R7 : Mr.P.Vasanth

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ORDER

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(Order of the Court was made by S.M.SUBRAMANIAM,J.)

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The writ of Mandamus has been instituted to direct the respondents 1 to 6

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to consider the petitioner's representation dated 06.02.2024 in so far as to disconnect electricity supply to “Pachai Amman Flour Mill” running at Door No.64, Kullakkarai Street, Thirumullaivoyal, Chennai – 600 062 for the reason flouting the business rules and to shift/relocate the “Pachai Amman Flour Mill” to a place far away from the petitioner's residential locality within a stipulated time.

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The learned Standing Counsel for the Tamil Nadu Pollution Control

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Board, Tiruvallur, submit a copy of the actions initiated. In proceeding dated 25.03.2025, the District Environmental Engineer, Tamil Nadu Pollution Control

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Board, Tiruvallur issued show cause notice to the 7^th respondent.

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https://www.mhc.tn.gov.in/judis

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3/6

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W.P.No.19129 of 2024

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The learned standing counsel for Avadi Corporation would submit that the premises have already been locked and sealed.

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In view of the commencement of action at the end of the Tamil Nadu Pollution Control Board and the Avadi Corporation, they are directed to continue the enforcement actions by following the due procedures and conclude the same as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. It is made clear that both the Tamil Nadu Pollution Control Board and the Avadi Corporation may proceed as per the procedures contemplated under law.

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Accordingly, the writ petition stands disposed of. There shall be no

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order as to costs.

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(S.M.S., J.) (K.R.S., J.)

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27.03.2025

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ssi Index: Yes Speaking Order: Yes/No Neutral Citation Case : Yes/No

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To:

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https://www.mhc.tn.gov.in/judis

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4/6

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W.P.No.19129 of 2024

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1.The District Collector, Office of District Collector, Thiruvallur District, Thiruvallur.

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2.The Tahsildar, Avadi Taluk, Office of Avadi Taluk Avadi, Chennai-600 054.

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3.The Commissioner, Avadi Municipality, Avadi, Chennai-600 054.

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4.The Director of Environmental Engineer, Pollution Control Board, No.77-A, Padi, Ambattur Industrial Estate Road, Chennai-600 058.

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5.The Executive Engineer, Operation & Maintenance / Avadi, Tamil Nadu Generation and Distribution Corporation (TANGEDCO) Chennai West Division, N.M.Road, Avadi, Chennai-600 054.

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