Case Note & Summary
The petitioner, K. Bahuleyan Nair, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct respondents 1 to 5 (Tamil Nadu Pollution Control Board, District Environmental Engineer, District Collector, Block Development Officer, and Deputy Director of Health Services) to take action for removing an industrial unit and smoke house established by the 6th respondent, Bindu G. Nair, for manufacturing and drying rubber sheets at a specified location in Kanyakumari District. The petitioner relied on proceedings issued by the second respondent in 2020 and 2021, and proceedings of the 4th respondent dated 28.11.2024. The court, by consent of both sides, took up the writ petition for final disposal at the admission stage. The court noted that it was not inclined to adjudicate disputed facts and instead directed the first and second respondents to consider the petitioner's representation, after giving due opportunity to the private respondent, and to pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of the order. The court also directed that the private respondent be put on notice. The writ petition was disposed of with these directions, and no costs were awarded. The connected miscellaneous petition was closed.
Headnote
A) Constitutional Law - Writ of Mandamus - Consideration of Representation - The court directed the first and second respondents to consider the petitioner's representation dated 28.11.2024 after giving due opportunity to the private respondent, and to pass appropriate orders in accordance with law within a stipulated time frame. The court declined to adjudicate disputed facts and left it to the authorities to decide the matter. (Paras 3-4)
Issue of Consideration
Whether the court should direct the respondents to remove an industrial unit based on the petitioner's representation, or whether the matter should be remitted to the statutory authorities for consideration after hearing the private respondent.
Final Decision
The court directed the first and second respondents to consider the petitioner's representation dated 28.11.2024, after giving due opportunity to the private respondent (6th respondent), and to pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of the order. The writ petition was disposed of with these directions. No costs. Connected miscellaneous petition closed.
Law Points
- Mandamus
- Consideration of representation
- Natural justice
- Opportunity of hearing
- Environmental regulation
