High Court · 2025

W.P.No.6542 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.02.2025 CORAMTHE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASADW.P.No.6542 of 2025A.Muthusamy ... Petitionervs.1. The District Collector, O/o.The District Collector, Coimbatore District.2. The District Revenue Officer, O/o.The District Revenue Officer, Coimbatore District.3. The Sub-Collector, Pollachi, Coimbatore.4. The Executive Officer, Zamin Uthukuli Town Panchayat, Pollachi Taluk, Coimbatore.5. S.Mylswamy6. A.Appuswamy .. RespondentsWrit Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents 1 to 4 to ____________Page No.1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6542 of 2025implement the notice of eviction dated 02.08.2024 made in Na.Ka.No.436/2024.For Petitioner : Mr.P.Vetrivel For R1 to R3 : M/s.R.L.Karthika Govt.Advocate For R4 : Mr.K.Karthikeyan Govt.Advocate. ORDER By consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself. 2. The present writ petition has been filed to direct the respondents 1 to 4 to implement the notice of eviction dated 02.08.2024 made in Na.Ka.No.436/2024. 3. It is the case of the petitioner that he is the owner of the land situated at Site No.6 in S.No.55 of Zamin Uthukuli Town Panchayat, Pollachi Taluk, Coimbatore. The 5th respondent is the owner of the land ____________Page No.2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6542 of 2025situated at site No.7 and 8 in S.No.55 i.e. adjacent to his residential house. The 5th respondent had leased out his property to respondent No.6 to conduct his business. He is primarily engaged in the business of Saw Mill and Material production involving Woods and Steel Lathe Works. The permitted sound level in the residential area is between 55 DCB at day time and 45 CB at night time. However, the sound level of the noise emanating from the go-down of the 6th respondent exceeds more than 100 DCB during day time. Therefore, the petitioner sent a representation dated 29.07.2024 to the third respondent to implement the order of the fourth respondent has passed an order dated 19.08.2024 stating that the same is creating nuisance to the petitioner . Therefore, joint petition was given by the petitioner and other residents of Village dated 23.10.2024 to the first respondent. However, no action has been taken on the said petition. Aggrieved by the same, the petitioner has filed the present writ petition. 4. The learned counsel appearing for the petitioner submitted that he has given a representation dated 23.10.2024 to the first respondent . Even an earlier sent a representation dated 29.07.2024 based on which, the eviction notice was ordered by the 4th respondent on 02.08.2024. ____________Page No.3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6542 of 2025 5. The learned counsel for the petitioner further submitted that sound level of the noise is 55 DCM at day time and 45 DCM at night time. The learned counsel further submitted that the 4th respondent, Executive Officer has written a letter to the 5th respondent dated 02.08.2024 vide na.ka.No.436/2024 and the relevant portion of the said letter is extracted hereunder :-Nfhak;gj;J}h; khtl;lk; IkPd;Cj;Jf;Fsp“ NgUuhl;rpf;Fl;gl;l 2tJ thh;L vk;.vk;.Ip fhydp> vk;.v];.fhh;ld; nghJ kf;fs; rhh;ghf ghh;itapy; fhZk; nghs;shr;rp rhh; Ml;rpah; mYtyfj;jpy; kf;fs; FiwjPh;f;Fk; ehs; Kfhkpy; mspf;fg;gl;l Gfhh; kD njhlh;ghf Nkw;go ,lk; Ma;T nra;ag;gl;lJ. Nkw;gb fhydp FbapUg;GfSf;F mUfhikapy; nghJkf;fSf;F kpFe;j ,ilêW Vw;gLk; tz;zk; elj;jg;gl;L tUk; nrd;lhpq; ,Uk;g nghUl;fs; itj;J elj;jg;gl;L tUk; FNlhid cldbahf mg;Gwg;gLj;jp NtW ,lj;jpy; njhopw;rhiy gFjpapy; mikj;J nfhs;SkhW Nkw;gb FNlhDf;F mwptpg;G Nehl;B]; toq;fg;gl;L eltbf;if Nkw;nfhs;sg;gl;Ls;sJ vd;gij njhptpj;Jf; nfhs;fpNwd;.”6. Thereafter, the 4th respondent, Executive Officer addressed to the 3rd respondent Sub Collector, Pollachi vide Na.Ka.No.436/2024 dated 19.08.2024 wherein it is stated that the industries run by the 6th respondent does not cause any hindrance to the residents of the locality. He further submitted that letter dated 19.08.2024 contrary to the letter dated 02.08.2024 which has been addressed to the petitioner. ____________Page No.4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6542 of 2025 7. The leaned Government Advocate appearing for the 4th respondent submitted that inspection was conducted by the 4th respondent on 19.08.2024 stating that the industry run by the 4th respondent does not harm and pollution. He is also submitted that the sound level is below permitted level. 8. Heard the learned counsel appearing on either side and also perused the materials available on records. 9. In this case, the issue involved is the noise pollution of industry running by the 6th respondent, the sound level is 55 DCB at day time and 45 DCB at night time. The 4th respondent has written a letter dated 02.08.2024 to the 6th respondent wherein it is stated that a notice has been given to the 6th respondent to shift centering iron materials and the go-down from the existing place assembled in the industrial area which is causing disturbance to the public in the vicinity of the said residents of the villages. Thereafter, the 4th respondent has written a letter dated 19.08.2024 to the ____________Page No.5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6542 of 2025Sub Collector, Pollachi (3rd respondent ) stating that because of the industry run by the 6th respondent there is no hindrance to the residents of the locality which is contrary to the earlier letter dated 02.08.2024. 10. In view of the above circumstances, the 3rd respondent , Sub Collector , Pollachi is directed to conduct fresh inspection of the site and also conduct a detailed enquiry after giving due notice to the petitioner as well as the 6th respondent, affording an opportunity of personal hearing to consider the documents filed by both the parties, on merits and in accordance with law and pass appropriate orders , within a period of eight weeks from the date of receipt o a copy of this order. 11. This writ petition stands allowed with the above directions. No costs.25.02.2025Index : Yes/No.Internet : Yes/No.Neutral Citation : Yes/NoSpeaking : Non-speaking Orderkkd____________Page No.6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6542 of 2025ToThe District Collector, O/o.The District Collector, Coimbatore District.2. The District Revenue Officer, O/o.The District Revenue Officer, Coimbatore District.3. The Sub-Collector, Pollachi, Coimbatore.4. The Executive Officer, Zamin Uthukuli Town Panchayat, Pollachi Taluk, Coimbatore.____________Page No.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.6542 of 2025J.SATHYA NARAYANA PRASAD,J.kkdW.P.No.6542 of 202525.02.2025____________Page No.8 of 8