A.Ramadass v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.19685 of 2015 and M.P.No.1 of 2015 A.Ramadass ... Petitioner Vs 1.The State of Tamil Nadu Rep. by its Secretary Public Health Department Fort St. George, Chennai 600 009.

2.The Divisional Environment Engineer Tamil Nadu Pollution Control Board No.77, South Avenue Road Ambattur Industrial Estate, Chennai 58.

3.The Commissioner Corporation of Chennai Ripon Building, Chennai - 3.

4.The Zonal Health Officer, Zonal No.7 Corporation of Chennai Ambattur, Chennai 5.Ganesan 6.H.Ramashankaran ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to take action on the Complaint of the petitioner dated 01.12.2014 and to close the meat shop of the 6th respondent family in the name of "SUPPAMMAL PROTEINS" at No.152/24 Pillaiyar Koil Street, Mohanram Nagar, Mogappair, Chennai.

For Petitioner : Mr.D.Gopinathan For R1 & R2 : Mr.TNC.Kaushik Additional Government Pleader For R3 & R4 : Mr.Rahul Aditya For Ms.P.T.Ramadevi, Standing Counsel For R5 : Dismissed as per order dated 21.03.2019 For R6 : No Appearance

O R D E R

The petitioner prays for a mandamus, directing the respondents 1 to 4 to take action on his complaint, dated 01.12.2014, and to close the Chicken and Fish Stall run by the family of the sixth respondent, under the name and style, ''Suppammal Proteins'', in a house adjacent to his, at Mohanram Nagar, Mugappair, Chennai- 600 037.

2. A counter affidavit has been filed by the sixth respondent, wherein, he has averred that, all necessary licenses and No Objection Certificates, as required, have been obtained from Commissioner of Corporation, Chennai. He further avers that the management of the shop is in an efficient and hygienic fashion and there is no inconvenience caused to the petitioner.

3. Mr.TNC. Kaushik, learned Additional Government Pleader appearing for R-1 and R-2, Mr.Rahul Aditya, learned counsel for Ms.P.T.Rama Devi, learned Standing Counsel for R-3 and R-4, have no instructions to report to the Court.

4. To decide the request made by the petitioner, would necessitate the determination of various disputed facts. It would thus suffice if a direction were issued to R-3 and4 to look into the complaint of the petitioner, a copy of which is placed at page Nos.1, 5, 6 and 7, in the typed-set of papers filed in support of the Writ Petition, call upon the petitioner and R-6 for hearing and decide the merits of the matter in accordance with law and all applicable Rules and Regulations within a period of 12 weeks from today.

5. Accordingly, this writ petition stands disposed. No costs. Connected Miscellaneous Petition is closed. SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR jeni/sd To 1.The Secretary, The State of Tamil Nadu Public Health Department, Fort St. George, Chennai 600 009.

2.The Divisional Environment Engineer, Tamil Nadu Pollution Control Board, No.77, South Avenue Road, Ambattur Industrial Estate, Chennai 58.

3.The Commissioner, Corporation of Chennai, Ripon Building, Chennai - 3.

4.The Zonal Health Officer, Zonal No.7, Corporation of Chennai, Ambattur, Chennai.

+1cc to the Government Pleader Sr.24565 +1cc to M/s.P.T.Ramadevi, Advocate Sr.23933 W.P.No.19685 of 2015 sr-II[co] srg 02/05/2022