Prabhu R vs The District Collector

WP(MD) No. 30636 of 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
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WP(MD) No. 30636 of 2026
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.
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WP(MD) No. 30636 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
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
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stop the brick kiln run by the 11 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
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that these norms are violated by the 11 respondent.
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WP(MD) No. 30636 of 2026
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.
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Mr.G.Balasubramanian, learned counsel, accepts notice for the 11
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.
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5. The brick kiln operated by the 11 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
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WP(MD) No. 30636 of 2026
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
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WP(MD) No. 30636 of 2026
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
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WP(MD) No. 30636 of 2026
SENTHILKUMAR RAMAMOORTHY, J.
apd
WP(MD) No. 30636 of 2026
28-10-2026
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