SOMASEKHARAN NAIR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has come forward with this writ petition as Public Interest Litigation seeking a prayer for the issuance of a Writ of Mandamus directing the respondents 1 to 6 to close and seal the illegal road construction materials processing unit run by the respondents 7 to 10 in accordance with law.

(2.) The case of the petitioner is that he is resident of Edassery, Ramavarmanchirai, Ramavarmanchirai Post, Kanyakumari District, which is very near to the subject matter godown, which is in control of respondents 7 to 10 and hence, the residents in the locality are the most affected victims of their whimsical acts. The petitioner further stated that almost all persons, who are residing in the locality, are highly disturbed and affected due to the heavy air pollution and nuisance caused by the respondents 7 to 10. Due to the fear many of them do not dare to make any complaints against them. Hence, the petitioner filed the above writ petition as Public Interested Litigation with the above-said prayer.

(3.) It is the further case of the petitioner that the 10th respondent/M.J.D Construction and Engineering Construction Private Limited is an unlisted Private Company Limited by shares, which is registered with the Registrar of Companies, Chennai. Even though it is registered with the Registrar of Companies, Chennai, its address is as shown above and having 8th and 9th respondents as its Directors. The 7th respondent is a Contractor, who is engaged in the road works. In fact, many complaints and the enquiries in respect of his many road works in the Kanyakumari District are pending before the Special Court at Nagercoil and also criminal cases are pending against him including abduction and rape of minor girls. The 7th respondent had taken road contract works in his name as well as in the name of the 10th respondent of which his wife is the Managing Director. In fact, at most parts of the Kanyakumari District, the huge tipper Lorries carrying the name of the 10th respondent Company are seen plying laden with broken rock, rock powder and other construction materials. The 8th respondent is the wife of the 7th respondent and also the Managing Director of the 10th respondent Company. He further stated that the respondents 7, 8 and 9 are in full control and directly in charge of all day to day affairs of the 10th respondent Company and hence, they are all responsible for all activities which take place in the name of the 10th respondent Company individually and collectively.