K.Palanisamy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Palanisamy ..

Petitioner Vs.

1. The District Collector Chennai District, Chennai - 600 001.

2. The Commissioner Greater Chennai Corporation Rippon Building, Chennai - 600 003.

3. The Joint Chief Controleer of Explosives A and D Wing Block 1-8 Shastri Bhavan No.26, Haddows Road Nungambakkam, Chennai - 600 006.

4. The Regional Officer Fire & Rescue Department Chennai.

5. M/s.Sree Balaji Gas Agency No.108, M.S.Koil Street Royapuram, Chennai - 600 013.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 3 herein to forbear the 5th respondent from constructing the LPG Gas Godown and starts its operation at Mullai Nagar, Ernavur Chennai 57 pursuant to the representation dated 2.01.2024.

For the Petitioner : Mr.R.Thirumoorthy For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for R1 and R4 Mr.A.Arun Babu Standing Counsel for R2 Mr.M.Ramamoorthi Senior Panel Counsel for R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.Thirumoorthy, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 and 4, Mr.A.Arun Babu, learned Standing Counsel for respondent 2 and Mr.M.Ramamoorthi, learned Senior Panel Counsel for respondent 3.

2. We are not inclined to entertain the present writ petition for the following reasons:

i. Show-cause notice is already issued by the third respondent to the fifth respondent on 27.10.2023, calling for explanation;

ii. Learned Senior Panel Counsel appearing for the third respondent submits that a report from the District Collector is also called for and the process is undertaken on the basis of the complaint received from the Mullai Nagar Residential Association, Manali High Road.

3. The third respondent and the authorities shall take appropriate decision on the complaint. If the decision is against the residents, then it is for the residents to assail the same, as may be permissible under law.

4. In the light of the above, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.no.2015 of 2024 stands closed.

(S.V.G., CJ.) (D.B.C., J.) 31.01.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Chennai District, Chennai - 600 001.

2. The Commissioner Greater Chennai Corporation Rippon Building, Chennai - 600 003.

3. The Joint Chief Controleer of Explosives A and D Wing Block 1-8 Shastri Bhavan No.26, Haddows Road Nungambakkam, Chennai - 600 006.

4. The Regional Officer Fire & Rescue Department Chennai.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 31.01.2024