V.Thenmozhi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2025
CORAM
THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR. JUSTICE K. RAJASEKAR Writ Petition No.1682 of 2025 V.Thenmozhi ... Petitioner Vs.
1. The District Collector, Office of District Collector, Tiruvallur, Tiruvallur District.
2. The Chairman, Tamil Nadu Slum Clearance Board, Chennai - 600 005.
3. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Ambattur Zone, Chennai - 600 053.
4. The Assistant Director, Directorate of Town and Country Planning, Ambattur, Chennai - 600 053.
5. The Regional Officer, Greater Chennai Corporation, Zone-7, Kamarajapuram, Ambattur, Chennai - 600 053.
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6. Sri Padmavathi Industries, Door No.92, MGR Street, Korattur, Chennai - 600 080.
7. Ajay Engineering, Door No.225, MGR Streetm Korattur, Chennai - 600 080.
... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mamdamus to direct the official respondents 1 to 5 herein to immediately seal the unauthorized industrial units to prevent further harm to the petitioner's residential portion as described above and residence in the said location based on my representation dated 13.09.2023, 19.08.2024 and 20.11.2024 within a time frame fixed by this Court. For Petitioner : Mr.B.Balamurugan For R1 & R4 : Mr.T.Chandrasekaran Special Government Pleader For R2 : Mr.B.Balaji, For R3 : Mr.V.Gunasekar, Senior Counsel for Tamil Nadu Pollution Control Board For R5 : Mr.A.Arun Babu, Senior Counsel for Greater Chennai Corporation 2/6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) The writ of mandamus has been instituted to direct the official respondents 1 to 5 herein to immediately seal the unauthorized industrial units to prevent further harm to the petitioner's residential portion as described above and residence in the said location based on my representation dated 13.09.2023, 19.08.2024 and 20.11.2024 within a time frame.
2. Originally, the petitioner's property situated in the Korattur Slum Area as Plot/Door No.97 was allotted to his father by the second respondent on 01.12.1992. Two unauthorized industrial units are operating heavy machinery and manufacturing units within the residential area without proper permissions or licences from the concerned authorities, violating zoning laws and environmental regulations. Two industrial units are causing excessive noise and vibrations from machinery adversely affect the health of residents and caused visible cracks in residential buildings including the petitioner's property. They generate air and noise pollution violating environmental norms and cause traffic congestion in narrow streets, posing risks to pedestrians and school going children. 3/6
3. The learned counsel appearing on behalf of the Corporation would submit that the authorities conducted inspection and found that there is no trading licence obtained under law. Thus, further actions are initiated against the violators. The corporation is directed to pursue the actions by following the due procedures.
4. Since, the corporation has already initiated actions under the relevant provisions of the Act and Rules, the said actions initiated are directed to be concluded as expeditiously as possible. The private respondents are at liberty to put forth their defense before the corporation authorities on receipt of notice already issued by the corporation.
5. With these directions, the writ petition stands disposed of. The corporation officials are directed to complete the exercise as expeditiously as possible. There shall be no order as to costs. (S.M.S., J.) (K.R.S., J.) 17.02.2025 ssi Index: Yes Speaking Order: Yes/No 4/6
To
1. The District Collector, Office of District Collector, Tiruvallur, Tiruvallur District.
2. The Chairman, Tamil Nadu Slum Clearance Board, Chennai - 600 005.
3. The District Environmental Engineer, Tamil Nadu Pollution Control Board, Ambattur Zone, Chennai - 600 053.
4. The Assistant Director, Directorate of Town and Country Planning, Ambattur, Chennai - 600 053.
5. The Regional Officer, Greater Chennai Corporation, Zone-7, Kamarajapuram, Ambattur, Chennai - 600 053.
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S.M.SUBRAMANIAM., J.
AND K. RAJASEKAR., J.
ssi 17.02.2025 6/6