Mrs. Gayathri Prabhakaran v. The District Environmental

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2019

CORAM:

THE HON'BLE MR. JUSTICE M.M.SUNDRESH and THE HON'BLE MR. JUSTICE RMT. TEEKAA RAMAN W.P.No.13890 of 2019 Gayathri Prabhakaran ... Petitioner Vs.

1.

The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.950/1, P.H.Road, Arumbakkam, Chennai 600 106.

2.

The Commissioner, Corporation of Chennai, Greater Chennai, Vepery, Chennai 600 007.

3.

Parthiban ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking to issue a writ of mandamus directing the Respondents 1 and 2 to immediately act upon the Petitioner's complaint dated 27.03.2019, within the time fixed by this Court. For Petitioner :Mr.K.Seetha Ram For Respondents 1 & 2 :Mr.Akhil Akbar Ali, Government Advocate

O R D E R

(Order of the Court was made by M.M.SUNDRESH,J.) This Writ Petition has been filed seeking a writ of mandamus, directing the Respondents 1 and 2 to immediately act upon the Petitioner's complaint dated 27.03.2019. 2.

In the counter affidavit filed by the 2nd Respondent, the following statement has been made:

"2.

It is submitted that the Complaint of the Petitioner with regard to the running of illegal business had been taken on file by this Respondent Corporation.

In the inspection, it was found that the 3rd Respondent is collecting the waste materials such as paper and plastic disposals from the neighbourhood and mainly from the Airport. Further, it was found that the business had been running without any trade licence or any permission from any of the Authority concerned. Hence, the business Unit run by the 3rd Respondent No.15, Annai Indra Gandhi Nagar, M.K.B. Nagar, Vysarpadi, Chennai 600 039, had been locked and sealed by the Respondent Corporation on 07.08.2019. Thus, the representation/complaint dated 27.03.2019 had been acted upon and the Writ Petition praying for issuance of Writ of Mandamus directing the Respondents 1 and 2 to act upon the Complaint dated 27.03.2019 becomes infructuous."

3.

Learned counsel for the Petitioner submitted that the garbage on the Streets has not been removed.

4.

In view of the above, we direct the District Revenue Officer, Zone-IV, Greater Chennai Corporation, Chennai, to look into the Petitioner's Complaint as regards removal of garbage on the Streets, and take appropriate action within a period of eight (8) weeks from the date of receipt of a copy of this order.

This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CJ conf) //True Copy// Sub Assistant Registrar (aeb) To:

1.The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.950/1, P.H.Road, Arumbakkam, Chennai 600 106.

2.The Commissioner, Corporation of Chennai, Greater Chennai, Vepery, Chennai 600 007.

Copy to District Revenue Officer, Zone-IV, Greater Chennai Corporation, Chennai.

+1cc to Mr.K.Seetha Ram, SR.85021/19 W.P.No.13890 of 2019 VGI(CO) CB(15/11/2019)