R.Kannan v. the District Collector
Case brief
What is this about?
Keywords: writ of mandamus; Article 226; textile mill in residential area; pollution; Tamil Nadu Pollution Control Board; District Collector; Revenue Officer; Thasildar/Tahsildar; District Environmental Engineer; Erode District; representation dated 08.11.2024; no proof of receipt of representation; fresh representation to Tahsildar; verification of permission; opportunity to fifth respondent; disposed with no costs. Useful for practitioners on the court's insistence on proof of receipt/delivery of a representation before compelling action on it, and on the standard direction to submit a fresh representation to the competent authority for fact-finding and a reasoned decision after hearing the affected party.
What did the court decide?
Liberty to the petitioner to submit a fresh representation to the Tahsildar (third respondent) with all relevant documents; the Tahsildar to verify whether the fifth respondent runs a textile mill and whether permission was granted, afford the fifth respondent an opportunity, and take a decision on the representation. No costs.