1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD).No.611 of 2011 and M.P.No.1 of 2011 Ilayaraja : Petitioner Vs. 1.The District Collector, Kanyakumari District. 2.The Tahsildar, Kottar, Nagercoil, Kanyakumari District. 3.Executive Officer, Aasari Palam Town Panchayat, Nagercoil, Kanyakumari District. 4.The President, Aasaripalam Town Panchayat, Nagercoil, Kanyakumari District. 5.Maria John Kennedy [cause – title amended as per order dated 08.02.2011 made in M.P.No.2 of 2011] : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 to 4 from permitting the 5th respondent's water plant and their men, agents, servants., etc., from functioning the water plant such as the product of mineral water and other activities based on the representation made by the petitioner dated 15.12.2010 and consequently direct the respondents to protect the residents as well as agriculturists residing in and around 'A' Village, Neendakarai, Agasteeswaram Taluk, Aasaripalam, Nagercoil. For Petitioner : Mr.K.Gokul For Respondents1to4 : Mr.R.Janakiramalu Special Government Pleader For Respondent 5 : Mr.C.Godwin https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R [Order of the Court was made BY N.PAUL VASANTHAKUMAR, J] The prayer in the Writ Petition is for issuing a Writ of Mandamus forbearing the respondents 1 to 4 from permitting the 5th respondent, their men, agents, servants., etc., from functioning the water plant such as the product of mineral water and other activities based on the representation made by the petitioner dated 15.12.2010 and consequently direct the respondents to protect the residents as well as agriculturists residing in and around 'A' Village, Neendakarai, Agasteeswaram Taluk, Aasaripalam, Nagercoil. 2. The petitioner has made a representation on 15.12.2010, requesting respondents 1 to 4 not to issue license to the fifth respondent to run mineral water plant and even if any license is granted to him, the same has to be cancelled. 3. Today, the learned counsel appearing for the fifth respondent has produced an order dated 24.02.2011 passed by the fourth respondent granting license to the fifth respondent to run mineral water plant at A/238 – J, Keerakonam, Aasaripalam, Agasteeswaram Taluk, Kanyakumari District. 4. In view of the grant of license to the fifth respondent by the fourth respondent, the prayer sought for by the petitioner cannot be entertained. Hence, the Writ Petition is dismissed. However, if the petitioner is aggrieved by the grant of license to the fifth respondent, it is open to him to challenge the same in a manner known to law. No costs. Consequently, connected Miscellaneous Petition is also dismissed and the order of interim injunction granted by this Court on 09.02.2011 is vacated. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1. The District Collector, Kanyakumari District. 2. The Tahsildar, Kottar, Nagercoil, Kanyakumari District. 3. Executive Officer,Aasari Palam Town Panchayat, Nagercoil, Kanyakumari District. 4. The President, Aasaripalam Town Panchayat, Nagercoil, Kanyakumari District. +1 CC to Mr.C.Godwin, Advocate (SR.No.10836) ORDER MADE IN W.P.(MD).No.611 of 2011 02.03.2011 NB NSV/3.3.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/