BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               
DATED : 17.10.2016  
CORAM   
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU             
and 
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ            

W.P(MD)No.19736 of 2016   

A.THANGARAJ  S/O.AYYAVU       
NO.4/1455/3  MELACHATHIRAM MAIN ROAD         
VALAYAPETTAI PANCHAYAT  DHARASURAM POST              
KUMBAKONAM TALUK  THANJAVUR DISTRICT.              ..  Petitioner             

                                              Vs.
1    THE MEMBER SECRETARY       
     TAMIL NADU POLLUTION CONTROL BOARD  CHENNAI.          

2    THE DISTRICT COLLECTOR     
     THANJAVUR DISTRICT  THANJAVUR.      

3    THE TAHSILDAR   
     KUMBAKONAM   THANJAVUR DISTRICT.        

4    THE COMMISSIONER     
     KUMBAKONAM MUNICIPALITY   THANJAVUR DISTRICT          

5    THE SUPERINTENDING ENGINEER       
     (DISTRIBUTION CIRCLE)  TANGEDCO  THANJAVUR.        

6    V.MOHANKUMAR     
     S/O.VISVANATHAN  KAMATCHI AMMAN PLASTICS          
     MELACHATHIRAM MAIN ROAD  VALAYAPETTAI          
     PANCHAYAT  DHARASURAM POST  KUMBAKONAM TALUK               
     THANJAVUR DISTRICT.                                .. Respondents 

        Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the 1st to 5th  respondents to
take necessary action against the 6th respondent illegal plastic unit in the
name of Kamatchiamman Plastics in Survey No.197/25  6A1A  197/26  197/8A &    
197/9A at Door No.4/1455-2A  Valayapettai Panchayat  Kumbakonam Taluk    
Thanjavur District to close the unit permanently.
!For Petitioner : Mr.A.Thangaraj
                Party in Person
For Respondents         : Mr.C.Elaman for R1
                        Mr.M.Rajarajan for R2&R3 
                        Government Advocate  

:ORDER  

(Order of the Court was made by M.GOVINDARAJ, J.) The writ petition has been filed for a direction to the respondents 1 to 5 to take necessary action against the 6th respondent illegal plastic unit in the name of Kamatchiamman Plastics in Survey No.197/25, 6A1A, 197/26 197/8A & 197/9A at Door No.4/1455-2A Valayapettai Panchayat, Kumbakonam Taluk, Thanjavur District to close the unit permanently.

2. When the matter was taken up for hearing, it is brought to our notice that the very same petitioner has filed a writ petition in W.P.(MD)No.3919/2015 for the very same relief and this Court, vide order dated 04.04.2016 closed the writ petition. In the said writ petition, this Court observed as follows:

?2.The District Environmental Engineer, Tamil Nadu Pollution Control Board, Thanjavur has filed a counter dated 29.02.2016, wherein, at paragraph Nos.6 and 7, he has stated as follows:

?6. It is respectfully submitted that, the unit was inspected on 18/02/2016, during inspection the unit is in operation without obtaining the building plan approval from Local Planning authority and without the consent of the Board. Hence, inspection report with the recommendation of issue of direction for closure and disconnection of power supply to the unit was sent to the Board vide this office IR No.:F.TNJNA/OS/DEE/TNJ/2016/ Dated:18/02/2016.

7. It is respectfully submitted, that, Board has issued direction order for stoppage of Electricity and closure of the industry under section 31A of AIR (Prevention and Control of Pollution) Act, 1981 as amended vide Board's Proc.No. T8/F.MO238/TNPCB/ OS/TNJ/EB/2016 Dated:25/02/2016 and Proc.No. T8/F.MO238/TNPCB/OS/TNJ/A/2016 Dated: 25/02/2016. Power supply was disconnected to the unit by Assistant Engineer/(Operation & Maintenance), Town West/TANGEDCO, Kumbakonam, Kumbakonam Taluk, Thanjavur District on 29.02.2016.?

3. Now, the petitioner has come up with this present writ petition for the very same relief. Since the relief has already been granted, the writ petition is not maintainable. Accordingly, the writ petition is dismissed and the petitioner is at liberty to work out his remedy in the manner known to law. No costs. Consequently connected miscellaneous petition is closed.

To
1    THE MEMBER SECRETARY       
     TAMIL NADU POLLUTION CONTROL BOARD  CHENNAI.          

2    THE DISTRICT COLLECTOR     
     THANJAVUR DISTRICT  THANJAVUR.      

3    THE TAHSILDAR   
     KUMBAKONAM   THANJAVUR DISTRICT.        

4    THE COMMISSIONER     

KUMBAKONAM MUNICIPALITY THANJAVUR DISTRICT 5 THE SUPERINTENDING ENGINEER (DISTRIBUTION CIRCLE) TANGEDCO THANJAVUR..