V.Vijivelvizhi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P No.26248 of 2017 and W.M.P.No.27912 of 2017 V.Vijivelvizhi ..Petitioner Vs 1.The District Collector, Tiruvallur, Tiruvallur District.

2.Greater Chennai Corporation, Rep.by its Commissioner, Rippon Buildings, Chennai - 600 003.

3.The Zonal Health Officer, Zone-III, Greater Chennai Corporation, Chennai.

4.The Zonal Officer, Zone-III, Greater Corporation of Chennai, No.1, Thattankulam Salai, Madhavaram, Chennai - 600 060.

5.The Chennai Metropolitan Development Authority, Rep.by its Member Secretary, Thalamuthu Natarajan Buildings, No.1, Gandhi Irwin Road, Egmore, Chennai - 08.

6.The Assistant Engineer, TANGEDCO, Anna Ninaivu Nagar, Puzhal, Chennai - 600 066.

7.M/s.Gokulam Industries, No.41, Thiruppur Kumaran Main Street, Puzhal, Chennai - 600 066.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 to 6 to initiate appropriate action against the 7th respondent to abate public nuisance and to stop all illegal industrial activities in the name of M/s.Gokulam Industries Dhall Mill, at No.41, Thiruppur Kumaran Main Street,

Puzhal, Chennai - 600 066, situated in the midst of human habituations under Sections 44 and 45 of the Tamil Nadu Public Health Act, 1939 and also to prosecute the 7th respondent for committing theft of electricity under Section 135 of the Tamil Nadu Electricity Act, 2003.

For Petitioners : Mr.M.Murali For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader, for R1 Mr.T.C.Gopalakrishnan, Standing counsel for R2 to R4 Mr.K.Raja Shrinivas, for R5 Mr.P.R.Dhilip Kumar, for R6 Mr.R.Krishnan, for R7

O R D E R

The petitioner has come forward with the present writ petition seeking a writ of mandamus, directing the respondents 1 to 6 to initiate appropriate action against the 7th respondent to abate public nuisance to stop all illegal industrial activities in the name of M/s.Gokulam Industries Dhall Mill, at No.41, Thiruppur Kumaran Main Street, Puzhal, Chennai - 600 066.

2. Heard the learned counsel for the petitioner and the learned counsels appearing for the respondents and perused the materials available on record.

3. The learned Standing Counsel appearing for the respondents 2 to 4 submitted that based on the complaint from the petitioner as well as the other residents, a lock and seal notice was issued on 23.2.2018 to the 7th respondent. Challenging the order the 7th respondent has preferred an appeal before the Government.

4. In the light of the above facts, this Courts, directs the appellate authority to dispose of the appeal as expeditiously as preferable, within a period of six months from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner as well as other necessary parties.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar ms

To 1.The District Collector, Tiruvallur,Tiruvallur District.

2.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

3.The Zonal Health Officer, Zone-III, Greater Chennai Corporation, Chennai.

4.The Zonal Officer, Zone-III, Greater Corporation of Chennai, No.1, Thattankulam Salai, Madhavaram, Chennai - 600 060.

5.The Member Secretary, The Chennai Metropolitan Development Authority, Thalamuthu Natarajan Buildings, No.1, Gandhi Irwin Road, Egmore, Chennai - 08.

6.The Assistant Engineer, TANGEDCO, Anna Ninaivu Nagar, Puzhal, Chennai - 600 066.

+1cc to Mr.T.C.Gopalakrishnan, Advocate SR.No.25490 +1cc to Mr.P.R.Dhlip Kumar, Advocate SR.No.25763 +1cc to Mr.M.Murali, Advocate SR.No. 26075 +1cc to Mr.P.Krishnan, Advocate SR.No. 26215 +1cc to Government Pleader SR.No.26768 W.P No.26248 of 2017 and W.M.P.No.27912 of 2017 RK(CO) GN(16/05/2018)