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WA(MD)No.84 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 29.01.2026

CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

and

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN

WA(MD)No.84 of 2026

and CMP(MD) No.856 of 2026

1.The Block Development Officer,

Panchayat Union Office,

Munjarai Kanyakumari District.

2.The Special Officer/Block Development Officer,

Painkulam Village Panchayat,

Painkulam Kanyakumari District ... Appellants

Vs

S.Naveen Raja ... Respondent

PRAYER :-Writ Appeal filed under Clause 15 of Letters Patent, praying to

prefer this Memorandum of Grounds of Writ Appeal against the order made in

WP(MD). No.14295 of 2025 dated 22.05.2025.

For Appellants : Mr.Veera Kathiravan

Additional Advocate General

assisted by Mr.S.P.Maharajan

Special Government Pleader

For Respondent : Mr.H.Velavadhas

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WA(MD)No.84 of 2026

JUDGMENT

(Judgment of the Court was delivered by Dr.G.JAYACHANDRAN, J.)

The appellant herein, the Block Development Officer/Head of the

Panchayat Union, has preferred this writ appeal against the order passed by the

learned Single Judge permitting the respondent to continue the operation of ice

plant established in Painkulam Village Panchayat and running since 2017. The

learned Single Judge, after considering the prayer in the writ petition

challenging the impugned order dated 12.05.2025 passed by the appellant

herein, has quashed the impugned order and permitted the respondent to

continue to run the ice plant. The reasons stated for quashing the impugned

order restraining the respondent from carrying on the ice plant was failure to

get health certificate, certificate from Tamil Nadu Industrial Investment

Corportion (TIIC) and permission from Panchayat Union. The learned Single

Judge, after perusing the No Objection Certificate and other certificates

obtained by the writ petitioner/respondent herein, has found that except health

certificate, all other requirements have been complied with. Insofar as health

certificate is concerned, the application made by the writ petitioner is under

consideration by the concerned authority and they have not issued it even after

lapse of several months and for that reason, the running of the plant cannot be

stopped.

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WA(MD)No.84 of 2026

2. The learned Additional Advocate General for the appellants would

submit that under Section 160 of the Tamil Nadu Panchayats Act, prior

permission for building as well as industry from the Union has to be obtained

and in this case the respondent has not obtained the permission to run the

industry and more so, the building plan granted earlier has subsequently been

revoked by the resolution of the panchayat.

3. The learned counsel for the respondent would submit that the entire

action has been engineered by the appellant herein due to animosity and he

being the administrative head of the panchayat union has stopped collecting tax

and prevented the council from issuing necessary permission for the industry.

In all other aspects, the respondent has complied with the conditions. The

industry, which is running for the past eight years, is now sought to be closed

by the appellants herein with the malafide intention. This Court finds force in

the submissions made by the learned counsel for the respondent.

4. No doubt, some of the villagers have opposed the running of the ice

plant in their village and public interest litigation was filed. Pursuant to the

order passed by the Division Bench of this Court in the said Public Interest

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WA(MD)No.84 of 2026

Litigation, the respondent ice plant being inspected and found that some of the

necessary certificates were not obtained by the respondent and action being

taken for violation, but as on date, since the respondent has produced all the

necessary certificates except the trade