1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2011 CORAM THE HONOURABLE MR.JUSTICE K.N.BASHA and THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.12115 of 2011 Sabir Mohamed .. Petitioner Vs 1.The Karaikudi Municipality, rep.by its Commissioner, Karaikudi, Sivagangai District. 2.The Tamil Nadu Pollution Control Board, rep.by its Assistant Environmental Engineer, No.5, Perumal Koil Street, Geetha Mahal 1st Floor, Sivagangai. 3.P.Thirupathi 4.The Tamil Nadu Electricity Board, rep.by its Assistant Engineer, Karaikudi North, Karaikudi. .. Respondents Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1, 2 and 4 herein to take all steps to close down the flour mill run by the third respondent under the name and style “Ashok Flour Mill” or in any other name at No.10, S.V.Ambalam Street, Karaikudi. For Petitioner : Mr.VR.Shanmuganathan For Respondents : Mr.V.Pandi, Govt.Advocate for R1 Mr.C.Elaman for R2 Mr.Johnny Basha for R4 O R D E R (Order of the Court was made by K.N.BASHA, J.) The petitioner has come forward with the present writ petition for a mandamus directing the respondents 1, 2 and 4 herein to take all steps to close down the flour mill run by the third respondent under the name and style “Ashok Flour Mill” or in any other name at No.10, S.V.Ambalam Street, Karaikudi. 2.Mr.V.Pandi, learned Government Advocate takes notice for the first respondent. Mr.C.Elaman, learned Standing Counsel, takes notice for the second respondent. Mr.Johnny Basha, learned counsel takes notice for the fourth respondent-Tamil Nadu Electricity Board. We are of the view that notice need not be issued to the third respondent since the interest of the third respondent would also be protected by this order. By mutual consent https://hcservices.ecourts.gov.in/hcservices/ 2 of the learned counsel on either side, the main writ petition itself is taken up for final disposal. 3.Though the petitioner has come forward with a larger prayer, now it is submitted by Mr.VR.Shanmuganathan, the learned counsel for the petitioner that the petitioner would be satisfied if a direction is given to the respondents 1 and 2 to consider the representation of the petitioner dated 14.09.2011. It is contended by the learned counsel for the petitioner that in spite of a specific direction given by the second respondent, the third respondent has not complied with the direction and in spite of the same, no action was taken by the respondents 1 and 2, and as such, the petitioner has been constrained to approach this Court by way of filing the above writ petition with the above said prayer. 4.We have heard Mr.V.Pandi, learned Government Advocate for the first respondent, Mr.C.Elaman, learned Standing Counsel for the second respondent and Mr.Johnny Basha, learned counsel notice for the fourth respondent-Tamil Nadu Electricity Board, on the submissions made by the learned counsel for the petitioner. 5.In view of the limited prayer now made before this Court, without going into the merits of the representation of the petitioner dated 14.09.2011, this Court is constrained to direct the respondents 1 and 2 to consider the representation of the petitioner dated 14.09.2011 by affording opportunity to the petitioner as well as the third respondent and other relevant parties, and pass order on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, the writ petition is disposed of. Consequently, M.P.(MD)No.1 of 2011 is closed. No costs. Sd/- Assistant Registrar (T &P) /True copy/ Sub Assistant Registrar(C.S) To 1.The Commissioner, The Karaikudi Municipality, Karaikudi, Sivagangai District. 2.The Assistant Environmental Engineer, The Tamil Nadu Pollution Control Board, No.5, Perumal Koil Street, Geetha Mahal 1st Floor, Sivagangai. 3.The Assistant Engineer, The Tamil Nadu Electricity Board, Karaikudi North, Karaikudi. KM W.P.(MD)No.12115 of 2011 21.10.2011 TR :09.11.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/