Madras High Court
The Developers And Builders vs S.Ramanathan on 6 March, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.No.3272 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2025
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.A.No.3272 of 2024
The Developers and Builders
M/s Marutham Galaxy
No.371/1A, Vellanginaru Village
GN Mills Post, Coimbatore .. Appellant
v.
1. S.Ramanathan
2. The Revenue Divisional Officer
Coimbatore
3. The Commissioner
Coimbatore City Municipal Corporation .. Respondents
Memorandum of Grounds of Writ Appeal filed under Clause 15 of the
Letters Patent against the order dated 28.08.2024 passed in W.P.No.16321
of 2023.
For Appellant :: Mr.M.S.Krishnan
Senior Counsel for
M/s Sarvabhauman Associates
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W.A.No.3272 of 2024
For Respondents :: Mr.T.Mohan
Senior Counsel for
Mr.RM.Arun Swaminathan for R1
Mr.G.Ameedius
Government Advocate for R2
Mr.D.Ferdinand
Standing Counsel for R3
Mr.S.Sai Sathya Jith for
Mr.V.Gunasekar for TNPCB
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM,J.)
The third respondent in the writ petition is the appellant before this
Court. The first respondent instituted writ proceedings seeking a direction
to shift the sewage treatment plant in the appellant premises. The learned
single Judge of this Court issued a direction to the second respondent to act
upon the order dated 10.07.2023.
2. During the pendency of the present writ appeal, the appellant, in
consultation with the office bearers of the Association, has taken a decision
to shift the sewage treatment plant in consonance with the layout approval.
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3. The learned Senior Counsel appearing on behalf of the appellant
Mr.M.S.Krishnan would contend that steps are taken to submit appropriate
application before the competent authorities seeking permission/consent for
shifting of the sewage treatment plant.
4. The learned counsel appearing on behalf of the Tamil Nadu
Pollution Control Board, on instructions, would submit that permission was
originally granted. However, the Pollution Control Board has no objection
for shifting the treatment plant as per the layout approval, which would be
proper.
5. Since the parties have cooperated and consented for shifting of the
sewage treatment plant, the appellant is directed to execute the works by
obtaining requisite consent/permission from the competent authorities and
complete the works within a period of four months from the date of receipt
of a copy of this order. In the event of receiving application from the
appellant, the competent authorities may issue appropriate orders as
expeditiously as possible, in view of the time limit fixed in this order for
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shifting of the sewage treatment plant. The writ appeal stands disposed of.
Consequently, C.M.P.No.25370 of 2024 is closed. No costs.
Index : yes (S.M.S.,J.) (K.R.S.,J.)
Neutral citation : yes/no 06.03.2025
ss
To
1. The Revenue Divisional Officer
Coimbatore
2. The Commissioner
Coimbatore City Municipal Corporation
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S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
ss
06.03.2025
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