Madras High Court
K.Gnanasekaran vs The District Collector on 17 April, 2023
Author: V.M.Velumani
Bench: V.M.Velumani
W.P.No.2797 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2023
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.P.No.2797 of 2018
and
W.M.P.Nos.3451 & 3452 of 2018
K.Gnanasekaran .. Petitioner
Vs.
1.The District Collector,
Vellore District,
Vellore.
2.The Executive Officer,
Selection Grade Town Panchayat,
Sholinghur, Vellore District.
3.P.Sampath
4.The Tamil Nadu Pollution Control Board,
Rep. by its Member Secretary,
Chennai – 600 032. .. Respondents
(R4 suo motu impleaded as per
order of this Court dated 12.07.2018
in W.P.No.2797 of 2018)
https://www.mhc.tn.gov.in/judis
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W.P.No.2797 of 2018
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a Writ of Mandamus, directing the
respondents to remove the Agarpathi Manufacturing unit which runs by
the 3rd respondent and from running unit at No.7, Valluvar Street, West
Bordinpet, Sholinghur, Vellore District.
For Petitioner : Mr.S.Sathia Chandran
For R1 : Mr.R.Vigneshwaran
Government Advocate
For R2 : Ms.R.L.Karthika
Government Advocate
For R3 : Mr.G.Jeremiah
For R4 : Ms.Yasmeen Ali
ORDER
(Order of the Court was delivered by V.M.VELUMANI,J.) The petitioner has come out with the present Writ Petition for a direction to the respondents to remove the Agarpathi Manufacturing unit which was running by the 3rd respondent at No.7, Valluvar Street, West Bordinpet, Sholinghur, Vellore District.
2.According to petitioner, the 3rd respondent is running Agarpathi https://www.mhc.tn.gov.in/judis 2/6 W.P.No.2797 of 2018 Manufacturing Unit at No.7, Valluvar Street, West Bordinpet, Sholinghur, Vellore District, which is a residential area, without obtaining any permission and license from the authorities.
3.The learned counsel appearing for the petitioner submitted that the Agarpathi Manufacturing process causes air pollution and health hazard to the people in that locality. Earlier, the petitioner filed application in A.No.56 of 2016 before the National Green Tribunal, Southeren Zone, Chennai. Before the National Green Tribunal, the 2nd respondent has stated that the 2nd respondent has locked and sealed the premises in question. The 3rd respondent has submitted that he is not running Agarpathi Manufacturing unit in the property in question. The learned counsel appearing for the petitioner further submitted that the 3 rd respondent had broken the lock and seal put up by the 2nd respondent and running Agarpathi Manufacturing unit. This Court, by the order dated 13.03.2023, directed the 3rd respondent to file affidavit of undertaking that the 3rd respondent has closed the unit in question and he will not run the unit in the property in question and this Court also directed the respondents 1 & 2 to inspect the unit in question and file a status report. On 27.03.2023, the learned counsel appearing for the 3rd respondent https://www.mhc.tn.gov.in/judis 3/6 W.P.No.2797 of 2018 submitted that the 3rd respondent is not running Agarpathi Manufacturing unit in the premises in question and the 3rd respondent is not willing to file an affidavit of undertaking.
4.Today, Ms.R.L.Karthika, learned Government Advocate appearing for the 2nd respondent produced a letter dated 06.04.2023, written by the 2nd respondent addressed to the Government Advocate, High Court of Madras, Chennai, stating that the property in question was inspected on 23.03.2023 and the 3rd respondent is not running any Agarpathi Manufacturing unit in the said premises and he is using the premises only for residential purposes. The 2nd respondent also stated that the 3rd respondent has not obtained any license for running Agarpathi Manufacturing unit.
5.Heard the learned counsel appearing for the parties and perused the entire materials on record.
6.In view of the above submissions made by the learned counsel appearing for the parties, the 2nd respondent is directed to inspect the premises often and if there is any complaint given by the petitioner or https://www.mhc.tn.gov.in/judis 4/6 W.P.No.2797 of 2018 any third party, the 2nd respondent is directed to take action immediately, including locking and sealing of the premises.
7.With the above directions, the Writ Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs.
(V.M.V., J) (V.L.N., J)
17.04.2023
krk
Index : Yes / No
Internet : Yes / No
Neutral Citation : Yes / No
To
1.The District Collector,
Vellore District,
Vellore.
2.The Executive Officer,
Selection Grade Town Panchayat,
Sholinghur, Vellore District.
3.The Tamil Nadu Pollution Control Board, Rep. by its Member Secretary, Chennai – 600 032.
V.M.VELUMANI, J.
https://www.mhc.tn.gov.in/judis 5/6 W.P.No.2797 of 2018 and V.LAKSHMINARAYANAN, J.
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