C.Sivakami Vs the Chairperson — Writ and Judicial Review | Madras HC (2025)

C.Sivakami Vs the Chairperson — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

None; the writ petition was dismissed as infructuous after the respondents reported that the premises had been sealed, and there shall be no order as to costs.

Issue for consideration

Whether a writ of mandamus should issue directing respondents 1 and 3 (Chairperson, Tamilnadu Pollution Control Board and the District Collector, Nilgiris) to take appropriate action against P. Rayin civil and conveyance contractor, including closure of the unit and imposition of compensation for non-compliance with environmental norms, in consideration of the petitioner's representation dated 09.06.2025.

Ratio / Principle

On the respondents' submission that the premises in question had been sealed and nothing survived for further adjudication, the Court recorded the submission and dismissed the writ petition as infructuous, with no order as to costs. No finding was rendered on the merits of the mandamus claim or on any question of environmental compliance.

Detailed headnote1 paragraphs

Mandamus – Environmental enforcement – Closure of private contractor's unit – Petitioner, Chairman of Nelliyalam Municipality, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the Chairperson, Tamilnadu Pollution Control Board and the District Collector, Nilgiris to act on his representation dated 09.06.2025 for closure of P. Rayin civil and conveyance contractor and imposition of heavy compensation for non-compliance with environmental norms; R14 (P. Rayin) was impleaded by order dated 23.07.2025 in W.M.P. No. 30811 of 2025. When the matter came up for hearing, learned counsel for the respondents submitted that the premises in question had been sealed and therefore nothing survived for further adjudication. Recording that submission, the Division Bench (order made by J. Nisha Banu, J.; Bench comprising J. Nisha Banu and M. Jothiraman, JJ.) dismissed the writ petition as infructuous, with no order as to costs. The Court expressed no view on the merits of the mandamus claim or on any question of environmental law; the order carries no precedential value on substantive issues.

WP No. 26170 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-08-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN

W.P. No. 26170 of 2025

C.Sivakami Chairman Nelliyalam Muncipality, Pandalur Nilgiris

Petitioner(s)

Vs

The Chairperson Tamilnadu Pollution Control Board, Lno. 76 Mount Salai Guindy, Chennai

2.The Home Secretary of Tamilnadu, Tamilnadu Secretariat, Fort St George, Chennai 600 009.

3.The District Collector Forest Office, Gudalur Range, Nilgiris

4.The District Forest Officer Forest Office Gudalur Range, Nilgiris

5.The District Revenue Officer District Revenue Office, Gudalur, Nilgiris District

6.The District Environmental Engineer Tamilnadu Pollution And Control Board, Ooty, Nilgiris

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

WP No. 26170 of 2025

7.The District Medical Officer District Medical Office, Gudalur, Nilgiris

8.The Thasildar Thasildar Office, Gudalur, Nilgiris

9.The Zonal Deputy Commissioner Forest Office, Gudalur Range, Nilgiris

10.The Zonal Deputy Commissioner Forest Office, Gudalur Range, Nilgiris

11.The Village Administrative Officer VAO Office, Devala 1 Village, Nilgiris

12.The Deputy Superintendent of Police DSP Office Devala Nilgiris

13.The Inspector Of Police Devala Police Staiton, Nilgiris

14.P.Rayin,

S/o. Abdul Rahman, No.17/375, Chungam, Cherambadi, Nilgiris District - 643 205. Respondent(s)

(R14 impleaded vide Order Dated 23.07.2025 made in WMP.30811/2025 In WP.26170/2025 by JNBJ and MJRJ)

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

WP No. 26170 of 2025

PRAYER:-

The Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 3 to take appropriate action against P. Ray in civil and conveyance contractor by considering my representation dated 09.06.2025 for closure of P. Ray in civil and conveyance contractor and heavy compensation be imposed upon this unit for non compliance of Environmental norms laws within a time limit as may be fixed by this Court.

For Petitioner(s): Mr. Abdul Rahman

For Respondent(s): Mr. V. Gunasekar Standing Counsel For R1 and R6

Mr. M.Rajendran Additional Government Pleader For R2, R3, R5, R8 and R11

Dr.T.Seenivasan Special Government Pleader For R4, R9 and R10

Mr. K.Tippusulthan Government Advocate For R7

Mr. Babu Muthumeeran Additional Public Prosecutor For R12 and R13

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

WP No. 26170 of 2025

ORDER

(Order of the Court was made by J.NISHA BANU, J.)

When the matter is taken up for hearing today, the learned counsel appearing for the respondents submitted that the premises in question has been sealed and therefore, nothing survives for further adjudication.

Recording the submissions made by the learned counsel appearing for

the respondents, this Writ Petition is dismissed as infructuous. There shall be no order as to costs.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 06-08-2025

ASI

To

1.The Chairperson

Tamilnadu Pollution Control Board, LNo. 76 Mount Salai Guindy, Chennai

2.The Home Secretary of Tamilnadu, Tamilnadu Secretariat, Fort St George, Chennai 600 009.

3.The District Collector

Forest Office, Gudalur Range, Nilgiris

4.The District Forest Officer

Forest Office Gudalur Range, Nilgiris

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

WP No. 26170 of 2025

5.The District Revenue Officer District Revenue Office, Gudalur, Nilgiris District

6.The District Environmental Engineer Tamilnadu Pollution And Control Board, Ooty, Nilgiris

7.The District Medical Officer District Medical Office, Gudalur, Nilgiris

8.The Thasildar Thasildar Office, Gudalur, Nilgiris

The Zonal Deputy Commissioner Forest Office, Gudalur Range, Nilgiris

10.The Zonal Deputy Commissioner Forest Office, Gudalur Range, Nilgiris

11.The Village Administrtive Officer VAO Office, Devala 1 Village, Nilgiris

12.The Deputy Superintendent Of Police, DSP Office Devala Nilgiris

The Inspector Of Police Devala Police Staiton, Nilgiris

14.P.Rayin,

S/o. Abdul Rahman, No.17/375, Chungam, Cherambadi, Nilgiris District - 643 205.

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

WP No. 26170 of 2025

J. NISHA BANU, J. AND

M. JOTHIRAMAN, J.

ASI

W.P. No. 26170 of 2025

06-08-2025

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