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Madras High CourtWP/14160/2022disposed of

Jiji Mathew v. The State Of Tamil Nadu

2022-06-08Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.14160 of 2022 and W.M.P.No.13415 of 2022 Jiji Mathew

...Petitioner

Vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary, Health Department, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

3.The Zonal Officer, Chennai Metropolitan Municipal Corporation, Zone-4, Tondiarpet, Chennai.

4.C.Rajendran

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, directing the first to third respondents to take appropriate action to cancel the Trade License issued to the fourth respondent namely M/s.Anand Agencies that is violating rules and specified guidelines and seal and closure of its shops that is storing and selling the building construction materials causing Air Pollution, Health Hazards and Public Nuisance based on the representation of the petitioner dated 13.09.2021. For Petitioner :

Ms.M.Janani For Respondents :

For R1 :

Mr.M.Shahjahan Special Government Pleader For R2 & R3 :

Mrs.P.T.Ramadevi Standing Counsel

ORDER

Mr.M.Shahjahan, learned Special Government Pleader takes notice on behalf of the first respondent and Mrs.P.T.Ramedevi, learned standing counsel takes notice on behalf of the second and third respondents.

2. After hearing the learned counsel for the petitioner, learned Special Government Pleader for the first respondent and the learned standing counsel for the second and third respondents, this writ petition is being disposed at the time of admission, by dispensing with notice and counter on the private respondent/fourth respondent, as no adverse orders are proposed to be passed against the private respondent/fourth respondent at this stage in this writ petition.

3. The petitioner appears to have a complaint against the private respondent/fourth respondent and the petitioner has given a representation to the respondents on 13.09.2021 asking for cancellation of the license granted to the private respondent/fourth respondent by the second respondent, the Commissioner, Corporation of Chennai.

4. The case of the petitioner appears to be that the fourth respondent is running a cement shop and that there is a lot of pollution in the civic area. Considering the fact that the petitioner's representation has not been disposed till date, I direct the official respondents to pass appropriate orders on the representation dated 13.09.2021 of the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

5. Needless to state, the private respondent/fourth respondent shall be heard, before any orders have been passed by the official respondents.

6. This Writ Petition stands disposed of in terms of the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar arb

To 1.The Principal Secretary, Health Department, Government of Tamil Nadu, Fort. St. George, Chennai - 600 009.

2.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai.

3.The Zonal Officer, Chennai Metropolitan Municipal Corporation, Zone-4, Tondiarpet, Chennai.

+1cc to Mr.D.Ashok Kumar, Advocate Sr.No.33464 +1cc to the Government Pleader Sr.No.34203 W.P.No.14160 of 2022 and W.M.P.No.13415 of 2022 SMI(CO) RVM(17/06/2022)