Madras High Court
WP(MD)/32/2026 of Mery Angel 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 P.VELMURUGAN
AND
THE HON'BLE MR. JUSTICE K.K. RAMAKRISHNAN
WP(MD) No. 32 of 2026
CNR:{HCMD011972122025}
and W.M.P.(MD)No.10 of 2026
Mery Angel
W/o. Rajaiyan,
No.20-9, Nellivilai,
Mankarai Post,
Kanyakumari District - 629 157.
..Petitioner(s)
Vs
1. The District Collector
Office of the District Collector,
Nagercoil,
Kanyakumari District - 629 001.
2. The Revenue Divisional Officer
Office of the RDO,
Padmanabhapuram Revenue Division,
Padmanabhapuram,
Kanyakumari District - 629 169.
3. The Tahsildar
Taluk Office,
Killiyoor Taluk,
Karungal,
Kanyakumari District - 629 157.
4. The Executive Officer
Killiyoor Town Panchayat,
Town Panchayat Office,
Killiyoor,
Kanniyakumari District - 629 157.
5. The Member Secretary
Tamil Nadu Pollution Control Board (TNPCB), Corporate Office, 76, Mount Salai, Guindy, Chennai - 600 032.
6. The District Environmental Engineer
Tamil Nadu Pollution Control Board (TNPCB), No.53, Asaripallam Road, Nagercoil, Kanyakumari District - 629 001.
7. The Assistant Executive Engineer
Water Resources Department (WRD),
Public Works Department,
WRD Sub-Division Office,
Kulasekaram,
Kanyakumari District - 629 161.
8. The Executive Engineer
Ground Water Division,
Public Works Department,
PWD Ground Water Division Office,
Nagercoil,
Kanyakumari District - 629 001.
9. The Inspector of Police
Karungal Police Station,
Kanyakumari District.
10.Danny Salomon S
M/s. Salomon Ice Plant,
S. Nos.512/13 and 511/9A2,
Nallivilai,
Killiyoor Town Panchayat,
Kanyakumari District.
..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 9 to seal and close the 10th respondent’s Ice Plant, M/s.
Salomon Ice Plant in Survey Numbers 512/13 and 511/9A2 Nellivilai, Killiyoor Town Panchayat, Kanyakumari District in the light of G.O.Ms.
No.142 dated 23.07.2014 and for functioning without Town Panchayat permission, building approval, and without consent to operate from the Tamil Nadu Pollution Control Board and consequently direct the respondents within the time limit that may be stipulated by this Court.
For Petitioner(s)
:Mr.W.Cleetus
For Respondent(s)
:Mr.S.I.Muthiah
Addl. Govt. Pleader for R1 to R4, R7
and R8
Mr.D.Sivaraman,
Standing Counsel for R5 & R6
Mr.J.Vishnu,
Govt. Advocate (Crl. Side) for R9
Mr.Sc.Herold Singh For R10
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ORDER
(Order of the Court was made by P.Velmurugan J.) This Writ Petition has been filed seeking a direction to the respondents 1 to 9 to seal and close the 10th respondent’s Ice Plant, namely, M/s. Salomon Ice Plant, situated in Survey Nos.512/13 and 511/9A2, Nellivilai, Killiyoor Town Panchayat, Kanyakumari District, for operating without obtaining the requisite permission from the Town Panchayat, building plan approval and consent to operate from the Tamil Nadu Pollution Control Board, in violation of G.O.Ms. No.142, dated 23.07.2014.
2. The learned counsel appearing for the petitioner would submit that the 10th respondent is operating the Ice Plant without fulfilling the prescribed conditions and without obtaining the requisite permissions and No Objection Certificates from the local body and the Tamil Nadu Pollution Control Board.
3. The learned counsel appearing for the Tamil Nadu Pollution Control Board would submit that no consent to operate has been granted to the 10th respondent, as the conditions prescribed by the Board have not been complied with. It is further submitted that a warning was issued and the Electricity Board was requested to disconnect the electricity supply to the unit.
4. The learned counsel appearing for the fourth respondent would submit that the Town Panchayat had passed a resolution rejecting the building plan approval. Though the building has been constructed, no door number has been assigned to it. It is further submitted that the Ice Plant is presently not in operation, as the electricity connection has been disconnected.
5. The learned counsel appearing for the 10th respondent would submit that the unit is presently not functioning and that steps are being taken to comply with the norms prescribed by the Government authorities, viz., the local bodies and the Tamil Nadu Pollution Control Board. He would further submit that the 10th respondent will not operate the Ice Plant until all the requisite permissions, approvals and consents are obtained from the competent authorities. The learned counsel has also undertaken to file an affidavit to that effect.
6. In view of the above submissions, the 10th respondent is directed to file an affidavit of undertaking before this Court within a period of one week from today, specifically undertaking that the Ice Plant will not be operated until all requisite permissions, approvals and consents are obtained from the competent authorities and the applicable statutory requirements are complied with.
7. Recording the submissions made on behalf of the 10th respondent, this Writ Petition is disposed of. It is made clear that the 10th respondent shall not resume the operation of the Ice Plant unless and until the requisite permissions, approvals and consents are obtained from the competent authorities in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.
8. Post the matter on 04.11.2026 for filing the affidavit of undertaking by the 10th respondent. (P.V.,J.) (K.K.R.K.,J.) 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSM To
1. The District Collector Office of the District Collector Nagercoil, Kanyakumari District - 629 001
2. The Revenue Divisional Officer Office of the RDO Padmanabhapuram Revenue Division Padmanabhapuram Kanyakumari District - 629 169
3. The Tahsildar Taluk Office, Killiyoor Taluk Karungal, Kanyakumari District - 629 157
4. The Executive Officer Killiyoor Town Panchayat Town Panchayat Office Killiyoor, Kanniyakumari District - 629 157
5. The Member Secretary Tamil Nadu Pollution Control Board (TNPCB) Corporate Office 76, Mount Salai Guindy, Chennai - 600 032
6. The District Environmental Engineer Tamil Nadu Pollution Control Board (TNPCB) No.53, Asaripallam Road Nagercoil, Kanyakumari District - 629 001
7. The Assistant Executive Engineer Water Resources Department (WRD) Public Works Department WRD Sub-Division Office Kulasekaram, Kanyakumari District - 629 161
8. The Executive Engineer Ground Water Division Public Works Department PWD Ground Water Division Office Nagercoil, Kanyakumari District - 629 001
9. The Inspector of Police Karungal Police Station Kanyakumari District
P.VELMURUGAN, J. AND K.K.RAMAKRISHNAN, J. VSM WP(MD) No. 32 of 2026 28-10-2026