C.P.Sivamohan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD C.P.Sivamohan ... Petitioner vs.

1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 007.

2. The City Health Officer ( Public Health Department) Greater Chennai Corporation, Rippon Buildings, Chennai 600 003. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the respondents to consider the petitioner's representation dated 30.10.2024, where under the respondents are acquired to mitigate the nuisance on account of rubbish accumulated and for removal of garbage piled at the entrance of and adjoining the Bhaiya Complex Building at No.286, Purasawalkam High Road, Purasawalkam, Chennai 600 007.

For Petitioner : Mr.S.Kartik For Respondents : M/s.K.Aswini Devi Standing Counsel Page No.1 of 4

ORDER

By consent, the Writ Petition is taken up and disposed of at the admission stage itself.

2. The present writ petition has been filed to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 30.10.2024, where under the respondents are acquired to mitigate the nuisance on account of rubbish accumulated and for removal of garbage piled at the entrance of and adjoining the Bhaiya Complex Building at No.286, Purasawalkam High Road, Purasawalkam, Chennai 600 007.

3. It is the case of the petitioner that he is residing at Bhaiya Complex, Purasawalkam, Chennai. On the right side of the entrance to the said complex, though it is not a customized place for dumping/collection of garbage, people used to dump garbage, rubbish and other domestic wastes and such things have plied up for more than two years. The local authorities vzi., Assistant Engineer and Executive Engineer did not care for the unhygienic accumulation of debris and Page No.2 of 4

rubbish etc., and they take excuse for removal of the garbage being piled up for more than two years.

4. The learned counsel appearing for the petitioner submitted that the petitioner sent a representation dated 30.10.2024 to the respondents and the same was received by the respondents on 05.11.2024. However, the said representation of the petitioner was not considered till date. Hence, the petitioner has filed the present writ petition before this Court.

5. The learned Standing Counsel appearing for the respondents submitted that the representation of the petitioner dated 30.10.2024 will be considered by the respondents on merits and in accordance with law within a time frame fixed by this Court.

6. Heard the learned counsel appearing on either side and also perused the materials available on records.

7. In view of the submissions made by the learned counsel on either side, the first respondent is directed to consider the representation of the Page No.3 of 4

J.SATHYA NARAYANA PRASAD, J.

kkd petitioner dated 30.10.2024 on merits, in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.

8. This writ petition stands disposed of with the above direction. No costs.

03.02.2025 Index : Yes/No.

Internet : Yes/No.

Speaking : Non-speaking Order kkd To

1. The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai 600 007.

2. The City Health Officer ( Public Health Department) Greater Chennai Corporation, Rippon Buildings, Chennai 600 003.

WP.No.2433 of 2025 Page No.4 of 4