Gudiyatham Vaitheeswaran Nagar Residents Association v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-07-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.P. No. 24503 of 2025 and W.M.P.No.27611 of 2025 Gudiyatham Vaitheeswaran Nagar Residents Association Rep by its Authorized Signatory M. Arasu, President No 140/70d, Vaitheeswaran Nagar, Sedukkarai Post, Guidyattam Vellore 638 803 Petitioner(s) Vs
1. The District Collector Vellore District Collector Office, Sathuvachari, Vellore 632 012 2.The Municipal Commissioner Gudiyatham Municipality, Municipal Office, R.S. Road, Gudiyatham 632 602
3. The District Envirnmental Engineer Tamil Nadu Pollution Control Board, Auxillium College Road, (opposite To Auxillium College) Gandhi Nagar, Vellore 632 006
4. Mahendran Anbu Welding Works, Vaitheeswran Nagar, Sethukkarai, Gudiyatham 632 602 Respondent(s) PRAYER The present Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the 1 st to 3 rd respondents to take appropriate action against the 4 th respondent for the establishment and running of a welding works in the name of Anbu Welding Works without any valid permission or approval from the authorities and for causing serious hardships to the residents of the Vaitheeeswaran Nagar by considering the representation of the petitioner Association dated 28.09.2024. For Petitioner(s):
Ms. S.Varsha For Mr. M.Mahamani For Respondent(s):
Mr. M.Rajendran Additional Government Pleader For R1 Mr. M.S.Premkumar Government Advovate For R2 Mr. V.Gunasekar For R3
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition has been filed to issue a Writ of Mandamus directing the 1 st to 3 rd respondents to take appropriate action against the 4 th respondent for running welding works in the name of Anbu Welding Works without any valid permission or approval from the authorities and for causing serious hardships to the residents of Vaitheeeswaran Nagar, by considering the representation of the petitioner Association dated 28.09.2024.
2. It is the case of the petitioner that the petitioner Association was established with the object of carrying out welfare and development activities for the purpose of promoting and strengthening the lives of the people residing in Vaitheeswaran Nagar and to address the development needs of these people under the self-help concept. In a private land at Vaitheeswaran Nagar, a welding shop has been established by the 4 th respondent, who is creating public nuisance to the residents. Furthermore, an LPG gas filling station is also situated near the welding shop, thereby, rendering the operation of the said shop highly dangerous. Hence, the petitioner Association submitted a representation dated 28.09.2024 to the respondents, requesting that appropriate action be taken to shift the said shop to another place. However, the said representation has not been considered by the respondents. Aggrieved by the same, the present Writ Petition is filed.
3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
4. Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing on either side, this Court, without going into the merits of the matter, directs the second respondent/ Municipal Commissioner, Gudiyatham Municipality, to consider the petitioner's representation dated 28.09.2024 and take appropriate action in accordance with law, after issuing notice to the petitioner as well as the 4 th respondent and also
affording them an opportunity of personal hearing, within a period of twelve
(12) weeks from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 08-07-2025 ASI To 1.The District Collector Vellore District Collector Office, Sathuvachari, Vellore 632 012 2.The Municipal Commissioner Gudiyatham Municipality, Municipal Office, R.S. Road, Gudiyatham 632 602.
3.District Envirnmental Engineer Tamil Nadu Pollution Control Board, Auxillium College Road, (opposite To Auxillium College) Gandhi Nagar, Vellore 632 006 4.Mahendran Anbu Welding Works, Vaitheeswran Nagar, Sethukkarai, Gudiyatham 632 602.
J.NISHA BANU J.
AND M.JOTHIRAMAN J.
ASI W.P. No. 24503 of 2025 and W.M.P.No.27611 of 2025 08-07-2025