1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8450 of 2011 and M.P.Nos.1 to 3 of 2011 A.Malavalli : Petitioner Vs. 1.Tamil Nadu Pollution Control Board, Represented by its Chairman, Chennai 600 002. 2.The District Collector, Ramanathapuram, Ramanathapuram District. 3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.6/26, Gangai Street, Madurai Road, Virudhunagar I. 4.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District. 5.Keezhakarai Municipality, Rep by the Commissioner, Keezhakarai, Ramanathapuram District. 6.The Executive Officer, Keezhakarai Municipality, Ramanathapuram Taluk, Ramanathapuram District. 7.The Executive Officer, Thillaiyenthal Village, Thirupullani Union, Ramanathapuram District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the impugned order in Lr.No.DEE/TNPCB/ VNR/MSW/KEELAKARAI/11, dated 27.06.2011 on the file of the third respondent and quash the same as illegal. https://hcservices.ecourts.gov.in/hcservices/ 2 For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.K.Mahendran Special Government Pleader O R D E R [Order of the Court was made BY M.M.SUNDRESH, J.] Challenging the order impugned passed by the third respondent in issuing No Objection Certificate dated 27.06.2011, the petitioner has come forward with the present Writ Petition. 2. Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner submitted that without obtaining consent from the seventh respondent, No Objection Certificate has been granted by the third respondent to the fifth respondent. The learned counsel for the petitioner also submitted that the direction issued by a Division Bench of this Court in the earlier Writ Petition in W.P.(MD).No.9602 of 2011, dated 10.06.2010 has not been complied with while granting No Objection Certificate. 3. Admittedly, as against the order impugned passed by the third respondent, an appeal lies before the Appellate Authority. The petitioner has not exhausted the statutory remedy provided under the Act. Under such circumstances, we are of the considered view that in view of the availability of alternative remedy, the discretionary power under Article 226 of the Constitution of India need not be exercised. Therefore, the Writ Petition stands dismissed giving liberty to the petitioner to file an appeal against the order impugned passed by the third respondent dated 27.06.2011. Considering the fact that the petitioner has approached this Court by filing the present Writ Petition, she is given two weeks time, from the date of receipt of a copy of this order, to file an appeal. It is well open to the petitioner to raise all the points raised in the Writ Petition before the Appellate Authority. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Chairman Tamil Nadu Pollution Control Board, Chennai 600 002. 2.The District Collector, Ramanathapuram, Ramanathapuram District. 3.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.6/26, Gangai Street, Madurai Road, Virudhunagar I. https://hcservices.ecourts.gov.in/hcservices/ 3 4.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District. 5.The Commissioner, Keezhakarai Municipality, Keezhakarai, Ramanathapuram District. 6.The Executive Officer, Keezhakarai Municipality, Ramanathapuram Taluk, Ramanathapuram District. 7.The Executive Officer, Thillaiyenthal Village, Thirupullani Union, Ramanathapuram District. +1cc to Mr.T.Lajapathi Roy, Advocate, Sr.No.25467 +1cc to the Special Govt.Pleader, Sr.No. 25346 nb ssk/02.08.2011 /10c -3p/- ORDER MADE IN W.P.(MD).No.8450 of 2011 01.08.2011 https://hcservices.ecourts.gov.in/hcservices/