1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2011 CORAM: THE HON'BLE MS. JUSTICE K. SUGUNA AND THE HON'BLE MR. JUSTICE A. ARUMUGHASWAMY W.P. (MD) No.106 of 2011 & M.P. (MD) Nos.1 & 2 of 2011 C. Swamy Nadar Petitioner vs. 1 The District Collector Kanyakumari District at Nagercoil 2 The Environment Engineer Tamil Nadu Pollution Control Board Titus Compound Nagercoil Kanyakumari District 3 The Executive Officer Thingal Nagar Panchayat Kanyakumari District 4 Mr. Stanly Robin Bruz Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 04.08.2010 and to stop the industry run by the fourth respondent adjacent to the petitioner's house at Door No.10/9 A-1 in Sy. No.21/3 A-1 at Thallakulam Village, Kalkulam Taluk, Kanyakumari District without permission which is causing pollution in all the means. For petitioner Mr. Jeen Josheph For R1 Mr. Rajarajan, Govt. Advocate For R2 Mr. Raman Laal For R3 Mr. Ananth C. Rajesh For R4 Mr. D. Srinivasa Raghavan https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER (Order of the Court was made by K. SUGUNA, J.) This writ petition is filed seeking a direction to the respondents to consider the petitioner's representation dated 04.08.2010 and for a direction to stop the industry run by the fourth respondent adjacent to the petitioner's house at Door No.10/9 A-1 in Sy. No.21/3 A-1 at Thallakulam Village, Kalkulam Taluk, Kanyakumari District without permission, today, when the matter is taken up, the learned counsels appearing for the official respondents have brought to the notice of this Court that already, the third respondent has passed an order dated 28.10.2010 refusing to grant licence to the fourth respondent to run the said industry. 2. But, according to the learned counsel for the petitioner, even after this also, the fourth respondent was running the industry. However, it is the stand of the learned counsel for the third respondent that as on date, the industry in question is not run after the filing of this writ petition. In view of the above submission made by the learned counsel for the third respondent, recording the same, this writ petition is closed since the issue in question has become infructuous, as on date. However, liberty is given to the fourth respondent to take appropriate steps as against the order dated 28.10.2010 and other consequential steps taken. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1 The District Collector Kanyakumari District at Nagercoil 2 The Environment Engineer Tamil Nadu Pollution Control Board Titus Compound, Nagercoil Kanyakumari District 3 The Executive Officer Thingal Nagar Panchayat, Kanyakumari District +One Cc to M/s.T.Jeen Joseph, Advocate, Sr.No.11548 +One CC to M/s.R.Ramanlal, Advocate, SR.No.11696 +One cc to the Spl. Govt. Pleader, Sr.No.11760 cad rl/7c – 10.3.2011 W.P. (MD) No.106 of 2011 07.03.2011 https://hcservices.ecourts.gov.in/hcservices/