Cites 3 docs
Section 31 in THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Article 226 in The Constitution Of India 1949

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Madras High Court
S.Vijayalakshmi vs The Executive Engineer on 8 March, 2018
        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 08.03.2018  

CORAM   

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN             

W.P.(MD)No.4530 of 2018  
and 
W.M.P.(MD)No.4630 of 2018   

S.Vijayalakshmi                         ... Petitioner      

-Vs-

1.The Executive Engineer,
   Tamil Nadu Generation and Distribution
        Corporation Limited (TANGEDCO),  
   Dindigul North Division,
   ' Min Valagam'  Meenakshinaickenpatty,
   Angu Nagar SS Complex,  
   Dindigul.

2.The Assistant Engineer,
   (Operations and Maintenance),
   Town-Bus Stand, 
   Tamil Nadu Generation and Distribution
        Corporation Limited (TANGEDCO),  
   Soundararaja Mills Road,
   Dindigul.

3.The District Environmental Engineer,
   Tamil Nadu Pollution Control Board,
   District Collectorate Complex,
   Dindigul.

4.R.Gopi Kannan                         ... Respondents        

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a  Writ of Mandamus, directing the respondents 1
and 2 to reconnect the electricity connection in S.C.No.052200050509, in the
name of 4th respondent forthwith and further forbear the respondents 1 to 3
from disconnecting the electricity supply to the said connection.

!For Petitioner : Mr.H.Lakshmi Sankar 

^For R1 and R2  : Mr.E.P.Venkateswar 
                          For Mr.S.M.S.Johnny Basha  
        For R3          : Mr.M.Govindan, 
                          Standing Counsel
        For R4          : Mr.M.Gomathisankar    

:ORDER  

Today, when the matte is taken up for hearing, the learned Standing Counsel appearing for the third respondent submitted that already the Tamil Nadu Pollution Control Board issued a direction to the Electricity Board under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981. Pursuant to the same, the service connection has been disconnected by the Electricity Board.

2.The learned counsel appearing for the petitioner submitted that yesterday only, he received the said notice, and he wants to challenge the notice.

3.In the above circumstances, since the disconnection has been effected, pursuant to the direction of the Tamil Nadu Pollution Control Board, the prayer sought for in the writ petition cannot be granted. Hence, this writ petition is dismissed. However, it is always open to the petitioner to challenge the notice issued by the Tamil Nadu Pollution Control Board in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed.

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