C SUBBIAH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner, who claims to be the General Secretary of Thovalai Taluk Consumer Protection Centre, Aralvaimozhi, Kanyakumari District, has filed this writ petition styled as a Public Interest Litigation, stating among other things, that he is a retired Tahsildar and that other Office Bearers are retired Government officials and he would aver that the fifth respondent had established a packaged drinking water industry near Poigai Channel and in that process, he is also intended to manufacture plastic bottles for the packaged drinking water and started setting up bore wells near the said channel and as a consequence, there was a depletion of ground water level and in this regard, had submitted representations dated 09.08.2007 and 27.09.2007 and since no proper response is forthcoming, came forward to file this writ petition.

(2.) The learned Counsel for the petitioner would submit that as per Section 223 of the Tamil Nadu District Municipalities Act, 1920, it is obligatory on the part of the fifth respondent to obtain licence and since it has not been done and when it was insisted, the fifth respondent had filed W.P(MD)No.11031 of 2010 against the Director of Town Panchayat, Chennai "600 108; the District Collector, Kanyakumari District and Aralvaimozhi Selection Grade Town Panchayat, represented by its Executive officer, Aralvaimozhi, Kanyakumari District, praying for issuance of a writ of Certiorarified Mandamus to quash the order of the third respondent therein, dated 18.08.2010 and permit him to run the factory, namely, M/s.Jude Industries, situated at S.Nos.128/12 & 13, Nedumangadu Road, Chenbagaramanputhoor Post, Aralvaimozhi, Kanyakumari District, and it was dismissed as withdrawn on 07.01.2013 and as of now, the said unit is not functioning.

(3.) The learned Counsel for the second respondent has invited the attention of this Court to the counter affidavit and would submit that the third respondent passed a resolution dated 08.08.2007 prohibiting the manufacturing activities and the first respondent has also passed an order directing the fifth respondent to get the consent of the Labour Department, Tamil Nadu Pollution Control Board, District Public Health Department and also Technical Feasibility Certificate from the Public Works Department, Geological Section of Tamil Nadu Water Supply and Drainage Board and unless and until, those clearances are given, it is not open to the fifth respondent to run such type of industry and as per Section 250 of the Tamil Nadu District Municipalities Act, 1920, the local body has to grant necessary permission to manufacture the packaged drinking water and without so, it cannot run.