Madras High Court
P.Subbiah vs The Chief Controller Of Explosives on 5 February, 2024
Author: D. Krishnakumar
Bench: D. Krishnakumar, R.Vijayakumar
W.P(MD)Nos.22672 of 2017 & 6468 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)Nos.22672 of 2017 & 6468 of 2019
and
W.M.P(MD)No.18652 of 2022
W.P(MD)No.22672 of 2017:
P.Subbiah ... Petitioner
vs.
1.The Chief Controller of Explosives,
Office of the Chief Controller of Explosives,
A.Block, 5th Floor, CGO Complex,
Seminar Hills, Nagpur - 440 006.
2.The Controller of Explosives,
Petroleum and Explosives Safety
Organization (PESO), A and D Wing,
Block 1-8, 2nd Floor Shastri Bhavan,
26, Haddows Road,
Nungambakkam, Chennai - 600 006.
3.The Deputy Chief Controller Explosives,
Office of the Deputy Chief Controller of Explosives,
FRDC Complex, Near ESI Hospital,
Sivakasi,
Tuticorin District.
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4.The Director,
Department of Industrial's Safety,
35, Indian Officer's Trust Buildings,
Thiru.Vi.Ka.Highways,
Rayapet,
Chennai – 14.
5.The Commissioner,
Tamil Nadu Pollution Control Board,
76, Mount Salai,
Guindy,
Chennai – 600 032.
6.The Chairman,
V.O.Chidambaram Port Trust,
Tuticorin – 628 004.
7.The Deputy Chairman,
Estate Management Port Trust,
V.O.Chidambaram Port Trust,
Tuticorin – 628 004.
8.The District Collector,
Tuticorin District,
Tuticorin.
9.The Regional Transport Officer,
Tiruchendur,
Tuticorin District.
10.The Executive Vice President,
M/s.Dharanga Chemical Works Limited (DCW),
Arumuganeri,
Sahupuram Post,
Tuticorin District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondents 1 to
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W.P(MD)Nos.22672 of 2017 & 6468 of 2019
9 to take suitable action against 10th respondent factory for functioning the
factory unlawfully and irregularly by considering the petitioner's
representation, dated 31.10.2017.
For Petitioner : No appearance
For Respondent Nos.1 to 3 : Mr.S.Jeya Singh
Standing Counsel
For Respondent No.5 : Ms.Vijaykumari Natarajan
For Respondent No.6 : Mr.S.Natesh Raja
For Respondent No.8 : Mr.T.Amjadkhan
Government Advocate
For Respondent No.10 : Mr.R.Hemakarthikeyan
W.P(MD)No.6468 of 2019:
P.Subbiah ... Petitioner
vs.
1.The Secretary to Government,
Ministry of Environment Forest and
Climate Change,
Indhira Bariyavaran Bhavan,
New Delhi – 110 003.
2.The Secretary to Government,
Public Works Department (WRO),
St. George Port,
Chennai.
3.The Secretary to Government,
Rural Development Department,
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W.P(MD)Nos.22672 of 2017 & 6468 of 2019
St. George Port,
Chennai.
4.The Secretary to Government,
Environmental Department,
St. George Port,
Chennai.
5.The Commissioner of Municipal Administration,
Office of the Commissioner of Municipal Administration,
Chennai.
6.The District Collector,
Thoothukudi District,
Thoothukudi.
7.The Deputy Chief Engineer,
Public Works Department/
Water Resource Organization,
Madurai Region,
Madurai District.
8.The Executive Engineer,
Public Works Department (WRO),
Thamirabarani Division,
Tirunelveli District.
9.The Superintending Engineer,
Public Works Department (WRO),
Thamirabarani Division,
Tirunelveli District.
10.The Assistant Executive Engineer,
Public Works Department (WRO),
Thamirabarani Division,
Thiruvaigundam,
Tirunelveli District.
11.The Commissioner,
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W.P(MD)Nos.22672 of 2017 & 6468 of 2019
Kayalpattinam Municipality,
Kayalpattinam,
Thiruchenthur Taluk, Thoothukudi District.
12.The Executive Vice President,
M/s.Dharanga Chemical Works Limited (DCW),
Arumuganeri,
Sahupuram,
Thoothukudi District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondents 1 to
11 to take legal action against 12th respondent factory management for
illegally drawing huge water from deep borewell in middle of the
Thamiraparani river by using mega size electric motors and consequently
take action against illegally construction and running the additional
industrial unit in 12th respondent's factory by considering the petitioner's
representation dated 02.02.2019 within a stipulated time fixed by this
Court.
For Petitioner : No appearance
For Respondent No.1 : Mr.S.Jeya Singh
Standing Counsel
For Respondent Nos.2 to 10 : Mr.T.Amjadkhan
Government Advocate
For Respondent No.11 : Mr.M.Rajarajan
For Respondent No.12 : Mr.R.Hemakarthikeyan
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W.P(MD)Nos.22672 of 2017 & 6468 of 2019
COMMON ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.) When the matter was listed for hearing on 22.01.2024, there was no representation on behalf of the petitioner. Hence the matter was directed to be listed under the caption "for dismissal". Even today also, none appeared for the petitioner. Thus, it is clear and evident that the petitioner is not interested in prosecuting the case and this Court has no other option except to dismiss these Writ Petitions for non-prosecution.
2.In view of the above, these Writ Petitions are dismissed for non-prosecution. No costs.
[D.K.K.,J.] [R.V.,J.] 05.02.2024 NCC : Yes / No Index : Yes / No ps To
1.The Chief Controller of Explosives, Office of the Chief Controller of Explosives, A.Block, 5th Floor, CGO Complex, Seminar Hills, Nagpur - 440 006.
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2.The Controller of Explosives, Petroleum and Explosives Safety Organization (PESO), A and D Wing, Block 1-8, 2nd Floor Shastri Bhavan, 26, Haddows Road, Nungambakkam, Chennai - 600 006.
3.The Deputy Chief Controller Explosives, Office of the Deputy Chief Controller of Explosives, FRDC Complex, Near ESI Hospital, Sivakasi, Tuticorin District.
4.The Director, Department of Industrial's Safety, 35, Indian Officer's Trust Buildings, Thiru.Vi.Ka.Highways, Rayapet, Chennai – 14.
5.The Commissioner, Tamil Nadu Pollution Control Board, 76, Mount Salai, Guindy, Chennai – 600 032.
6.The Chairman, V.O.Chidambaram Port Trust, Tuticorin – 628 004.
7.The Deputy Chairman, Estate Management Port Trust, V.O.Chidambaram Port Trust, Tuticorin – 628 004.
8.The District Collector, Tuticorin District, Tuticorin.
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9.The Regional Transport Officer, Tiruchendur, Tuticorin District.
10.The Executive Vice President, M/s.Dharanga Chemical Works Limited (DCW), Arumuganeri, Sahupuram Post, Tuticorin District.
11.The Secretary to Government, Ministry of Environment Forest and Climate Change, Indhira Bariyavaran Bhavan, New Delhi – 110 003.
12.The Secretary to Government, Public Works Department (WRO), St. George Port, Chennai.
13.The Secretary to Government, Rural Development Department, St. George Port, Chennai.
14.The Secretary to Government, Environmental Department, St. George Port, Chennai.
15.The Commissioner of Municipal Administration, Office of the Commissioner of Municipal Administration, Chennai.
16.The District Collector, Thoothukudi District, Thoothukudi.
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17.The Deputy Chief Engineer, Public Works Department/ Water Resource Organization, Madurai Region, Madurai District.
18.The Executive Engineer, Public Works Department (WRO), Thamirabarani Division, Tirunelveli District.
19.The Superintending Engineer, Public Works Department (WRO), Thamirabarani Division, Tirunelveli District.
20.The Assistant Executive Engineer, Public Works Department (WRO), Thamirabarani Division, Thiruvaigundam, Tirunelveli District.
21.The Commissioner, Kayalpattinam Municipality, Kayalpattinam, Thiruchenthur Taluk, Thoothukudi District.
22.The Executive Vice President, M/s.Dharanga Chemical Works Limited (DCW), Arumuganeri, Sahupuram, Thoothukudi District.
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and R.VIJAYAKUMAR,J.
ps ORDER MADE IN W.P(MD)Nos.22672 of 2017 & 6468 of 2019 DATED : 05.02.2024 10/10 https://www.mhc.tn.gov.in/judis