M.Mohammed Jabier v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH WRIT PETITION NO.10078 of 2017 M.Mohammed Jabier ...Petitioner Vs.

1.The Commissioner, Chennai Corporation, Rippon Building, Chennai - 3.

2.The Additional City Health Officer, Regional Deputy Commissioner, Officer (North), 62, Basin Bridge Road, Old Washermenpet, Chennai - 21.

3.The Chairman, Chennai Metropolitan Water Supply and Sewage Board, No.1, Pumping Station Road, Chintadripet, Chennai - 2.

4.Ramesh ...Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take immediate action under the relevant provisions of the Chennai City Municipal Corporation Act in response to his representation dated 08.04.2017. For Petitioner : Mr.D.Nellaiappan For Respondents : Mr.P.V.Selvakumar for R1 and R2 Mr.G.Janakiraman for R3

O R D E R

The petitioner has come forward to file this writ petition, seeking a direction to the respondents 1 to 3 to take immediate action under the relevant provisions of the Chennai City Municipal Corporation Act in response to his representation

dated 08.04.2017.

2.The petitioner and the 4th respondent are neighbours. The petitioner made a representation inter alia alleging that the activity that is being carried on by the fourth respondent causes serious health hazards. It is also alleged that without due permission, the Chicken House which has been established is causing serious pollution. The petitioner has already sent a representation earlier to the second respondent followed by another one to the first respondent on 09.03.2017. From the representation dated 08.04.2017, it is also seen that the petitioner has put the fourth respondent on notice. As neither of the respondents replied to the notice sent nor took corrective measure, the present writ petition has been filed. 3.

Taking note of the above said facts, without going into the merits of the case, the respondents 1 and 2 are hereby directed to take appropriate action after due notice to the fourth respondent, as per law, within a period of six weeks from the date of receipt of a copy of this order. It is made clear that the above said direction shall be complied with by the respondents 1 and 2 either by themselves or through their officials.

4.With the above direction, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar cse/kas To 1.The Commissiner, Chennai Corporation, Rippon Building, Chennai - 3.

2.The Additional City Health Officer, Regional Deputy Commissioner, Officer (North), 62, Basin Bridge Road, Old Washermenpet, Chennai - 21.

3.The Chairman, Chennai Metropolitan Water Supply and Sewage Board, No.1, Pumping Station Road, Chintadripet, Chennai - 2.

+1cc to Mr.D.Nellaippan,Advocate sr.24650 +1cc to Mr.P.V.Selvakumar,Advocate sr.24535 WRIT PETITION NO.10078 of 2017 vsn(co) ss(27/4/2017)