R.Vijayamohan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :05.12.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W .P.No.4457 of 2021 R.Vijayamohan ... Petitioner Vs.

1.The District Collector Coimbatore District Coimbatore 2.The Commissioner Coimbatore Corporation Coimbatore 3.A.K.Steel 405, Bharatiyar Road Siddhaputhur Coimbatore 641044 4.J.K.Steel 405, Bharatiyar Road Siddhaputhur Coimbatore 641044 ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 1 Page No.1 of 4

and 2 to consider the representation dated 13.08.2020 under Section 360, 361 and 362 of the Coimbatore City Municipal Corporation Act, 1981 and pass orders within a time frame.

For Petitioner : Mr.Dhanaram Ramachandran For Respondents : Mr.S.Rajesh Government Advocate for R1 Mr.K.Magesh for R2 Mr.M.N.Balakrishnan for R3 & R4

O R D E R

The Writ Petition is filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to consider the representation dated 13.08.2020 under Section 360, 361 and 362 of the Coimbatore City Municipal Corporation Act, 1981 and pass orders within a time frame.

2.It is the case of the petitioner that the 3rd and 4th respondent herein are illegally storing, cutting, welding, winding etc., of Aluminum, Steel, Copper using heavy machinery, thereby causing heavy noise disturbance to the neighbours and to the general public. Therefore, the Page No.2 of 4

petitioner has given representation to the 1st respondent to take action under Section 360, 361 and 362 of the Coimbatore City Municipal Corporation Act, 1981. However, the said representation has not been considered mainly on the ground that a Suit for bare injunction is pending. Hence the petition.

3.Heard Mr.Dharam Ramachandran, the learned counsel for the petitioner and Mr.S.Rajesh, the learned Government Advocate appearing for the 1st respondent.

4.From the above submissions, it is clear that a Suit for bare injunction is pending before the Civil Court and now a representation has been given to conduct enquiry and to take action. Therefore, mere pendency of the Suit will not stop the respondents from considering the representation of the petitioner and to pass order on merits if there is any violation in accordance with law.

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N.SATHISH KUMAR, J.

kas 5.Therefore the 1st respondent is hereby directed to consider the representation of the petitioner dated 13.08.2020 and pass orders on merits as per law within a period of two (2) months from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands allowed. No costs.

05.12.2022 kas Index : yes / no Internet : yes / no Speaking / Non speaking To 1.The District Collector Coimbatore District Coimbatore 2.The Commissioner Coimbatore Corporation Coimbatore Page No.4 of 4