Dr.V.Ganesan, Mbbs., Dmrd., v. The Member Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2017
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.3424 of 2017 Dr.V.Ganesan MBBS. DMRD.
Kalpatharu, Plot No.2, First Street Raju Nagar, Thuraipakkam Chennai-97.
... Petitioner Vs
1. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Chennai-08.
2. The Commissioner of Corporation Chennai Corporation Ribbon Buildings, Chennai-03.
3. The Regional Joint Commissioner Corporation of Chennai No.118, Dr.Muthulaxmi Salai Adyar, Chennai-20.
4. The Health Officer Zone Number 15 Ward No.194 Corporation of Chennai Ribbon Buildings, Chennai-03.
5. The Assistant District Officer Office of the Fire and Rescue Department Chennai City, Chennai South, Chennai.
6. The Chairman Tamilnadu Pollution Control Board Guindy, Chennai-32.
7. The Chairman The Tamilnadu Electricity Board (TANGEDCO) Anna Salai, Chennai-02.
8. The Manager Vahan Motors Pvt Ltd No.3/452 NIK Avenue Rajiv Gandhi Salai (OMR) Mettukuppam, Chennai-97.
9. Ramanathan 10.OMR Escapade Rep by The Managing Partner Mr.Ranjit Baba No.361 Madha Koil Street Okkiyam Thuraipakkam Chennai-97.
11. Nemichand
12. Kumaraguru ... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents 1 to 7 to initiate appropriate action against respondents 8 to 12 pursuant to the representation given by the petitioner dated 6.9.2016 and thereby remove the illegal commercial constructions and other pollution in the residential area.
For Petitioner : Mr.N.Pragasam For Respondents : Mr.M.K.Subramanian Government Pleader for respondents 5 and 6 Mr.K.Rajasrinivas for 1st respondent Mr.A.Nagarajan for respondents 2 to 4 Mr.P.R.Dhilipkumar for 7th respondent
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) In view of the representation of the petitioner dated 6.9.2016 and the letter of the CMDA dated *01.10.2015, the learned counsel appearing for the respondent/Corporation of Chennai states that the third respondent will cause an inspection to be made of the site within fifteen days of the receipt of the order and in case the allegations are found to be correct, to take action in accordance with law after notice to all concerned and conclude the proceedings within a maximum period of two months thereafter.
2. The aforesaid statement is taken on record and the said respondent shall remain bound by the same.
The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS V) Dated : 20.02.2017 *Corrected as per Order dated 24.03.2017 and made in W.P.No.3424 of 2017.
Sd/- Assistant Registrar(CS IX) Dated : 04.04.2017 //True Copy// Sub Assistant Registrar sasi To:
1. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road, Chennai-08.
2. The Commissioner, Chennai Corporation Ribbon Buildings, Chennai-03.
3. The Regional Joint Commissioner To be Substituted Corporation of Chennai No.118, Dr.Muthulaxmi Salai Adyar, Chennai-20.
4. The Health Officer to the Order Zone Number 15 Ward No.194 Corporation of Chennai Ribbon Buildings, Chennai-03.
5. The Assistant District Officer already despatched Office of the Fire and Rescue Department Chennai City, Chennai South, Chennai.
6. The Chairman on 28.02.2017 Tamilnadu Pollution Control Board Guindy, Chennai-32.
7. The Chairman The Tamilnadu Electricity Board (TANGEDCO) Anna Salai, Chennai-02.
+1cc to Mr.N.Pragasam, Advocate, S.R.No.18533 +1cc to Mr.A.Nagarajan, Advocate, S.R.No.8980 +1cc to Mr.K.Rajasrinivas, Advocate, S.R.No.9102 +1cc to the Government Pleader, S.R.No.9438 W.P.No.3424 of 2017 MG(CO) CA(21/02/2017) CA(04.04.2017)