1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2011 CORAM: THE HON'BLE MR.JUSTICE K.K.SASIDHARAN WP(MD)No.1851 of 2011 and MP(MD)No.1 of 2011 Plastic Cup Manufacturers Association, Regn.No.SI.84/2010 Rep.by its President, S.Radhakrishnan 18C/6, New Ramnad Road, Madurai–625009. :Petitioner -Vs- 1.The District Collector, Dindigul District, Dindigul. 2.The District Collector, Nagercoil, Kanyakumari District. 3.The District Collector, Theni District, Theni. 4.The Commissioner, O/o.Theni Municipality, Theni District. 5.The Commissioner, Nagercoil Municipality, Kanyakumari District. 6.The Commissioner, Dindigul Municipality, Dindigul. :Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, forbearing the respondents or their officers subordinate to them from in anyway interfering with the sales, storage, transport and use of virgin plastic cups with above 20 Micron as permitted under Rule 5 r/w 8 of Recycled Plastics Manufacture and Usage Rules, 1999 by the members of the petitioner's association in the Annexure appended to the writ petition within the stipulated period. For Petitioner :Mr.M.Ajmal Khan For Respondents:Mr.K.A.Nandagopan,Addl.Govt.Pleader ORDER The petitioner seeks a Writ of Mandamus, to forbear the respondents and their agents from interfering with the sales, storage, transport and use of virgin plastic cups with above 20 Micron as permitted under Rule 5 r/w 8 of Recycled Plastics Manufacture and Usage Rules, 1999. 2.The petitioner is an Association of Plastic Cup Manufacturers. According to the petitioner, the authorities have inspected the Manufacturing units and storage godowns of their members periodically to ensure that the plastic cups are manufactured and stored in accordance with Rules. However, https://hcservices.ecourts.gov.in/hcservices/ 2 under the guise of said inspection, the officials periodically harass their members. Even they seize the plastic cups, which are manufactured in accordance with Rules framed under Recycled Plastic Manufacture and Usage Rule, 1999. Therefore, the petitioner seeks a general direction to the respondents to abstain from taking any action against the manufactures. 3.The very prayer made in the writ petition is not maintainable. The petitioner admits that the respondents are statutory authorities and they are inspecting the premises invoking the provisions of the Relevant Act. In case the respondents initiate action against any of the members, it is open to those members to challenge the proceedings. No mandamus could be issued to restrain the statutory authorities from taking action. These are all individual cause of actions and the association cannot take up the individual violation in a collective manner and to obtain a blanket mandamus to forbear the respondents from taking any action. In case the Mandamus of this nature is granted, it would prevent the authorities from inspecting the manufacturing units, its storage and transport. In fact, the Mandamus to forbear the statutory authorities appears to be in the nature of an anticipatory bail at the instance of an association on behalf of the aggrieved. In case, the members of the petitioner's association are indulging in activities, which are prejudicial to the interest of general public or they violate any of the provisions of the relevant Act and rules, the authorities cannot be find fault with, in case they take action. Therefore, I am of the view that the prayer as sought for by the petitioner cannot be granted. 4.In the upshot, I dismiss the Writ Petition. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The District Collector, Dindigul District, Dindigul. 2.The District Collector, Nagercoil, Kanyakumari District. 3.The District Collector, Theni District, Theni. 4.The Commissioner, O/o.Theni Municipality, Theni District. 5.The Commissioner, Nagercoil Municipality, Kanyakumari District. 6.The Commissioner, Dindigul Municipality, Dindigul. +1CC to Mr.M.Ajmalkhan, Advocate. SR.No.9120. MPK WP(MD)No.1851 of 2011 RP/08.03.2011/2P/8C. 17.02.2011 https://hcservices.ecourts.gov.in/hcservices/