LAWS(MAD)-2018-1-201

LAUNDREX FABRIC CARE INDIA PRIVATE LIMITED REP BY ITS MANAGING DIRECTOR Vs. DISTRICT COLLECTOR KANCHEEPURAM DISTRICT

Decided On January 10, 2018
Laundrex Fabric Care India Private Limited Rep By Its Managing Director Appellant
V/S
DISTRICT COLLECTOR KANCHEEPURAM DISTRICT Respondents

JUDGEMENT

(1.) The petitioner - Company is engaging in the business of Laundry and Dry cleaning. They have several outlets in the city of Chennai, where the customers can avail the laundry and dry cleaning services. The petitioner factory is situated at Plot No.19, Survey No.93/1, Kumili Village, Chengalpat Taluk, Kancheepuram District, by installing the most modern laundry equipments. It is stated that the Pollution Control Board, Fire and Safety Department, Department of Health and Services have inspected the factory premises and granted permission to the petitioner to run their factory in the year 2013 itself. Thus, after obtaining necessary approval from all those Departments concerned, the petitioner started running the factory from the year 2013. All of a sudden, on 20.08.2013, in pursuant to an agitation made by few individuals in the village, followed by filing of a complaint by the petitioner before the police in Crime No.119 of 2017 under Sections 341, 447 and 506(ii) IPC against those individuals, the second respondent herein came to the premises and locked and sealed the same, without giving any notice to the petitioner - Unit. Therefore, the petitioner has approached this Court and filed the present writ petition, seeking for mandamus, forbearing the respondents from interfering with the running of the factory by the petitioner - Unit, situated at Plot No.19, Survey No.93/1, Kumili Village, Chengalpat Taluk, Kancheepuram District.

(2.) When the matter was posted for admission on 03.01.2018, the learned Special Government Pleader took notice for the respondents 1 and 2 and Mr.J.H.Iniyan, learned Government Advocate took notice for the respondents 3 and 4. Accordingly, the matter was directed to be listed on 05.01.2018 for getting instructions. On the said day, the learned Special Government Pleader produced a letter addressed by the Tahsildar, Chengalpet, dated 04.01.2018, stating that the petitioner Unit was closed, due to the agitation made by the local public, by complaining that the said Unit is causing pollution to the agricultural land as well as the drinking water wells situated in the village. It was also informed before this Court that the petitioner herein agreed to close down the Unit temporarily, as the water samples from the well has been taken and sent for analysis.

(3.) Thus, this Court has directed the second respondent to file a counter affidavit, also by directing the petitioner to implead the concerned Pollution Control Board as party respondent in this writ petition. Accordingly, the matter was listed on 09.01.2018, on which day, Mrs.Rita Chandrasekaran, learned counsel for the Pollution Control Board took notice for the impleaded respondent namely fifth respondent and sought time to file a report before this Court with regard to the present state of affairs. Accordingly, the matter is listed today for further hearing.