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M/S.South Ganga Waters ... vs The District Collector Of ...

Madras High Court|22 November, 2017

JUDGMENT / ORDER

This writ petition is filed seeking a writ of Mandamus to direct the respondents to permit the petitioner company to run the desalination plant at Panaikulam Village, which was temporarily stopped at the instance of the second respondent, by virtue of proceedings, dated 05.07.2017 after inspection of the construction of brine and sludge storage tanks and compound wall either by the respondents or the committee which was formed under the head of the second respondent, based on the representations of the petitioner company dated 09.09.2017 and 26.09.2017, to the respondents 1 and 2 respectively.
2.Heard both sides.
3.The case of the petitioner is that the petitioner's private limited company has set up a desalination plant at Panaikulam Village, Ramanathapuram District, after obtaining necessary permission from the concerned authorities and the company is drawing water from sea and converting into desalinated water through eco-friendly reverse osmosis method. According to the petitioner, the Committee, which was formed for inspection of the desalination plant unit, inspected the unit and directed to put up a sludge tank in cement concrete and the second respondent also issued the proceedings, dated 05.07.2017, directing to stop the unit till such construction is made and accordingly the petitioner put up the same. Thereafter, inspite of repeated requests, the respondents have not inspected the unit and also permitted the petitioner to run the unit. Therefore, the petitioner made representations dated 09.09.2017 and 26.09.2017 to the second and first respondents respectively. Since, the same have not been considered so far, the petitioner is before this Court.
4.The learned counsel for the petitioner would submit that the petitioner rectified all the discrepancies pointed out by the second respondent, vide proceedings, dated 05.07.2017 and the same is supported by the proceedings, dated 08.09.2017, issued by the fourth respondent, to the effect that the petitioner has already rectified the discrepancies and pursuant to the same, the first respondent convened a meeting, on 13.11.2017 along with the members of the Committee constituted for inspection of the desalination plant unit, on 20.04.2017.
5.The learned Additional Government Pleader appearing for the respondents would submit that now a decision is going to be taken with regard to the issue involved in the petitioner's unit.
6.Considering the aforesaid submissions made on either side, this Court, directs the second respondent to consider the representation of the petitioner dated 09.09.2017 and pass appropriate orders on its own merit and in accordance with law and also on the basis of the decision taken by the Committee, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
7.The writ petition is disposed of as above. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The District Collector of Ramanathapuram, Ramanathapuram District Collectorate Complex, Ramanathapuram.
2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Ramanathapuram.
3.The Tahsildar, Taluk Office, Ramanathapuram.
4.The Executive Engineer, Public Works Department, Ramanathapuram.
.
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Title

M/S.South Ganga Waters ... vs The District Collector Of ...

Court

Madras High Court

JudgmentDate
22 November, 2017