1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD)No.12063 of 2011 and M.P.(MD)No.1 of 2011 D.Michel Chandran ... Petitioner Vs. 1.The District Collector, Kanyakumari District, Nagercoil. 2.The District Environmental Engineer, Tamilnadu Pollution Control Board, 22/15, Parvathavarthini Street, Nagercoil-1. 3.The Commissioner, Nagercoil Municipality, Kanyakumari District. 4.The Assistnt Executive Engineer, Tamilnadu Electricity Board, Distribution Circle, Nagercoil, Kanyakumari District. 5.Jose ... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 1 to 4 to remove the timber machinery which is run by the 5th respondent in Door No.185, 186, Paul Street, New Colony, Nagercoil, Kanyakumari District, within a time frame. For Petitioner : Mr.D.Saravanan For Respondent-1 : Mr.S.Venkatesh, Government Pleader. For Respondent-2 : Mr.C.Elaman For Respondent-3 : Mrs.Srimathi For Respondent-4 : Mr.C.Selvaraj O R D E R [Order of the Court was made BY K.N.BASHA, J] The petitioner has come forward with this public interest litigation seeking for a direction to respondents 1 to 4 to remove the https://hcservices.ecourts.gov.in/hcservices/ 2 timber machinery, which is run by the 5th respondent in Door No.185, 186, Paul Street, New Colony, Nagercoil, Kanyakumari District, within a time frame. In this regard, it is stated that the petitioner has made a representation to the 2nd respondent on 07.03.2011 and on 11.03.2011 to the 1st respondent. 2.Mr.D.Saravanan, learned counsel for the petitioner would submit tht the petitioner has come forward with this public interest litigation with the object of protecting the interest of the public. It is contended that the 5th respondent is indulging in carrying on business activities in timber by using lathe and other machineries in a residential area and thereby causing noise and air pollution, which would affect public health. It is further contended by the learned counsel for the petitioner that the petitioner made a representation to the 2nd respondent on 07.03.2011 and on 11.03.2011 to the 1st respondent but till date no action was taken and as such the petitioner is constrained to approach this Court with the aforesaid prayer. 2.Mr.S.Venkatesh, learned Government Pleader, takes notice for the 1st respondent. Mr.C.Elaman, learned Standing Counsel for Tamil Nadu Pollution Control Board, takes notice for the 2nd respondent. Mrs.Srimathi, learned counsel, takes notice for the 3rd respondent Municipality. Mr.C.Selvaraj, learned counsel takes notice for respondent No.4. As we are inclined to grant the relief of a direction to the 1st and 2nd respondents to consider the representations of the petitioner, by affording an opportunity of hearing to the petitioner as well as to the 5th respondent, we are of the view that notice need not be issued to the 5th respondent as his interest would also be protected. 3.We have heard the learned counsels appearing for respondents 1 to 4 on the submissions made by the learned counsel for the petitioner. 4.Considering the grievance of the petitioner, this Court, without going into the merits of the representations of the petitioner, dated 07.03.2011 and 11.03.2011, is constrained to direct the 1st and 2nd respondents to consider the representations of the petitioner, dated 07.03.2011 and 11.03.2011, by affording an opportunity of hearing to the petitioner as well as to the 5th respondent and also to other relevant parties and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, this writ petition is disposed of. No costs. Connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar (C.S) To: 1.The District Collector, Kanyakumari District, Nagercoil. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The District Environmental Engineer, Tamilnadu Pollution Control Board, 22/15, Parvathavarthini Street, Nagercoil-1. 3.The Commissioner, Nagercoil Municipality, Kanyakumari District. 4.The Assistnt Executive Engineer, Tamilnadu Electricity Board, Distribution Circle, Nagercoil, Kanyakumari District. ORDER IN WP(MD)No.12063/2011 and MP(MD)No.1 of 2011 Dated:20.10.2011 gb RJ/9.11.11 3p/5c https://hcservices.ecourts.gov.in/hcservices/