Document Fragment View

Matching Fragments

R.K. Agrawal, Acting Chief Justice W.P. No.22604 of 2010 has been filed seeking issue of a Certiorarified Mandamus to call for the records in Resolution No.189(1) dated 06.05.2010 passed by the sixth respondent Town Panchayat by cancelling the building plan approval granted to the petitioners concern on 28.04.2010, quash the same and consequently direct the fourth and fifth respondents herein to grant police protection to the petitioners concern for establishing its unit in S.No.14/1B of Athanur Village, Rasipuram Taluk, Namakkal District.

2. W.P.No.9164 of 2010 has been filed seeking issue of a Writ of Declaration declaring G.O.Ms.No.67, Municipal Administration and Water Supply Department dated 20.04.2010 as illegal and wholly without jurisdiction.

Facts of the case

3. Briefly stated the facts giving rise to the filing of W.P.No.22504 of 2010 are as follows:-

The petitioner, namely M/s.German Trading Corporation, had proposed to establish a factory for manufacturing granulated manure, which does not involve any chemical process nor does it involve any process emitting pollution, in his land in S.No.14/1B of Athanur Village, Rasipuram Taluk, Namakkal District. The petitioner also obtained necessary clearance from the Deputy Director of Town and Country Planning stating that the land is not coming under the prohibited zone, and also obtained necessary permission from the statutory authorities like Director of Industries and Commerce, Joint Director of Town and Country Planning, Deputy Chief Inspector of Factories and the Joint Director of Fire Services. The petitioners application was processed through the Single Window System for the approval of building plan. The petitioner also obtained approval from the Health Department, though not necessary, besides permission from the Tamil Nadu Pollution Control Board under the Air and Water Acts to establish the unit and for installation of the machineries.
As the resolution dated 06.05.2010 passed by the sixth respondent is in a way supersedes G.O.Ms.No.67 dated 20.04.2010, the petitioner has filed this writ petition seeking the aforementioned prayer.

4. The facts of the case leading to filing of W.P.No.9164 of 2010 are as follows:-

a) The petitioner, who is a resident of Athanur Town Panchayat, and a serving Councilor of the Panchayat, has stated that the fourth respondent herein had applied to the third respondent-Athanur Town Panchayat under Section 250 of the Act seeking permission to establish a Fertilizer Mixer Unit in S.No.14/1B, Athanur Village, Rasipuram Taluk. The mixing of fertilizer would require heating of the various components at a very high temperature in order to granulate them and mix it. The intense heat will cause emission of lot of smoke, which will be let out through Chimneys.
i) Questioning the action of the first respondent, the petitioner has come forward with this writ petition seeking Writ of Declaration to declare G.O.Ms.No.67, Municipal Administration and Water Supply Department dt.20.04.2010 as illegal and wholly without jurisdiction.

Counter Affidavit

5. A counter affidavit has been filed by the seventh respondent-President Athanur Town Panchayat in W.P.No.22604 of 2010 stating inter alia as follows :-

(a) The allegations of mala fide made against him are strongly denied; that the statement of the petitioner that he instigated the petitioner in W.P.No.9164 of 2010 namely, Jalandar to file the writ petition is not only untrue, but far fetched; and that Jalandar, being an elected Councilor, has got right to file the writ petition espousing the grievance of the public of the area. It is stated that M/s.German Trading Corporation applied to the Athanur Town Panchayat under Section 250 of the Act to establish a fertilizer mixer unit in S.No.14/1B, Athanur Village, Rasipuram Taluk; that the mixing of fertilizer would require the heating of various components to a very high temperature in order to granulate them and mix it and the intense heat will cause emission of lot of smoke which be let out through Chimneys; that as per Section 250(3)(b) of the Act, the Municipal Council can refuse permission, if it is of the opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance. It is stated that S.No.14/1B situated in Athanur Village is an agricultural land and more than 150 houses are located within 100 meters of the proposed site where the Unit has to be started and temples are also situated nearby the site.