Madras High Court
WP(MD)/30636/2026 of Prabhu R Vs The District Collector on 28 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28-10-2026
CORAM
THE HON'BLE MR. JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 30636 of 2026
CNR:{HCMD011475312026}
R.Prabhu
..Petitioner(s)
Vs
1. The District Collector
Madurai District,
Madurai
2. State Level Environment Impact Assessment Authority Tamil Nadu, Rep. by its Member Secretary, Chennai
3. The Pollution Control Board
Represented by Its Chairman,
Guindy,
Chennai
4. The District Environmental Engineer
Tamil Nadu Pollution Control Board,
SIDCO,
Kappalur,
Tirumangalam Taluk,
Madurai District
5. The Assistant Director of Geology and Mining Madurai Collectorate Buildings, Madurai District
6. The Tahsildar
Vadipatti Taluk,
Madurai District
7. The Block Development Officer
Vadipatti,
At Thiruvedagam,
Madurai District
8. The Executive Officer cum Special Officer Vadipatti, At Thiruvedagam, Madurai District
9. The Panchayat Secretary
Semminipatti Panchayat,
Vadipatti,
Madurai District
10.The Village Administrative Officer
Kachaikatti Village,
Vadipatti,
Madurai District
11.Murugan
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of MANDAMUS, directing the respondents 1 to 10 to conduct a proper inspection and enquiry into the alleged nuisance, air pollution and violations of the applicable environmental norms and statutory requirements committed by the 11th respondent in the operation of the brick kiln situated in Survey Nos.743/3A1, 743/2B, 743/2A and 745/1D, Seminipatti Village, Kachaipatti Post, Vadipatti Taluk, Madurai District, and, if any violation is found, to take appropriate action against the 11th respondent and direct the 11th respondent to rectify the same in accordance with law, by consider and dispose of the petitioner’s representation dated 23.09.2026, in the light of the liberty granted by this Court in W.P. (MD) No.26016 of
2026.
For Petitioner(s)
:Mr.K.P. Sankarakumarakurubaran
For Respondent(s)
:Mr.P.Pethu Rajesh
Additional Government Pleader
for R1, R5 to R10
Ms.Sai Sathya Jith for R2
Mr.D.Sivaraman for R3 & R4
Mr.G.Balasubramanian for R11
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ORDER
This is the second round of litigation. The petitioner had earlier filed W.P.(MD) No.26016 of 2026 to direct the respondents therein to stop the brick kiln run by the 11th respondent herein. After taking note of the fact that it is a country brick kiln functioning after obtaining Registration Certificate dated 10.06.2025 from the Deputy Director, Department of Geology and Mining, Madurai, said Writ Petition was dismissed, albeit by granting leave to the petitioner to initiate proceedings for any nuisance in accordance with law.
2. Relying on Notification dated 22.02.2022 of Ministry of Environment, Forest and Climate Change, to the effect that the vertical shaft brick kilns with a kiln capacity of less than 30,000 bricks per day should have minimum stack height of 14 meters, the petitioner alleges that these norms are violated by the 11th respondent.
3. Mr.P.Pethu Rajesh, learned Additional Government Pleader, accepts notice for respondents 1, 5 to 10. Ms.Sai Sathya Jith, learned counsel, accepts notice for the second respondent. Mr.D.Sivaraman, learned Standing Counsel, accepts notice for respondents 3 and 4. Mr.G.Balasubramanian, learned counsel, accepts notice for the 11th respondent.
4. Both Mr.P.Pethu Rajesh and Mr.D.Sivaraman invited my attention to the earlier order of this Court in W.P.(MD) No.26016 of 2026 dated 09.09.2026. Mr.D.Sivaraman also referred to a communication from the Tamil Nadu Pollution Control Board to the effect that the country brick kiln does not come within its purview and that any grievance should be addressed to the local authorities.
5. The brick kiln operated by the 11th respondent is a country brick kiln. The earlier order of this Court was issued on 09.09.2026 and said order rejected the Writ Petition after taking note of the Registration Certificate dated 10.06.2025 from the Deputy Director, Tamil Nadu Geology and Mining, Madurai. The petitioner is unable to demonstrate that Notification dated 22.02.2022 applies to a country brick kiln. The petitioner has also failed to place on record any material to demonstrate that the operation of the brick kiln caused nuisance to the petitioner. In these circumstances, no case is made out to exercise discretionary jurisdiction in favour of the petitioner. Therefore, this Writ Petition is dismissed without any order as to costs. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To
1. The District Collector Madurai District Madurai
2. The Member Secretary State Level Environment Impact Assessment Authority Chennai Tamil Nadu
3. The Chairman The Pollution Control Board Guindy Chennai
4. The District Environmental Engineer Tamil Nadu Pollution Control Board SIDCO Kappalur Tirumangalam Taluk Madurai District
5. The Assistant Director of Geology and Mining Madurai Collectorate Buildings Madurai District
6. The Tahsildar Vadipatti Taluk Madurai District
7. The Block Development Officer Vadipatti At Thiruvedagam Madurai District
8. The Executive Officer cum Special Officer Vadipatti At Thiruvedagam Madurai District
9. The Panchayat Secretary Semminipatti Panchayat Vadipatti Madurai District
10. The Village Administrative Officer Kachaikatti Village Vadipatti Madurai District
SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 30636 of 2026 28-10-2026