M.Lakshmi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.04.2025
CORAM
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M.Lakshmi ... Petitioner - vs1.The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600 003.
2.Regional Deputy Commissioner, Greater Chennai Corporation, Shenoy Nagar, Chennai - 600 030.
3.Zonal Officer, Zone-7, Greater Chennai Corporation, Thiruvallur High Road Opp. Dunlop, Chennai - 600 053.
4.The Zonal Health Officer, Zone-7, Greater Chennai Corporation, Ambattur, Chennai - 600 053.
5.The Commissioner, Office of the Fire Station, Ambatture, No.98, Ambit IT Park Road, Ambattur Industrial Estate, 1/7
Ambattur, Chennai - 600 058.
6.The Labour Officer, Office of the Assistant Officer of Labour, No.35 A, Murugappa Colony, Saraswathi Nagar, Ambattur, Chennai - 600 053.
7.Al Naseeb Automatic Baker & Arabian Delights, Rep. by its Director, Plot No.32, HIG-I, Mogappair ERI Scheme, 1st Main Road, Chennai - 600 058.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the respondents 1 to 6 to seal the 7th respondent for not obtaining any statutory license from the statutory authority by considering the petitioner's representation dated 15.12.2020. For Petitioner : Mr.D.Sreenivasan For Respondents 1 to 4 : Mr.P.Prithvi Chopda For Respondents 5 & 6 :
Mrs.R.L.Karthika, Government Advocate
ORDER
This writ petition has been filed to direct the respondents 1 to 6 to seal 2/7
the 7th respondent for not obtaining any statutory license from the statutory authority by considering the petitioner's representation dated 15.12.2020.
2. Learned counsel for the petitioner submitted that the seventh respondent runs Alnaseeb Automatic Bakery and Arabian Delight's Restaurant in a residential area, primarily dealing in meat and nonvegetarian food, without maintaining proper hygiene and causing severe nuisance to residents. The bakery, spread over three floors, uses heavy machinery to manufacture kuboos (bread), resulting in loud noise and emission of dense smoke, which settles on neighboring houses, leading to food and water contamination, dust on clothes, and respiratory issues. The seventh respondent is operating the unit without requisite statutory licenses, violating environmental laws. Additionally, the seventh respondent is allegedly storing large quantities of diesel illegally, without safety measures, posing a serious threat to the nearby residents. Despite several representations to the authorities and complaints to the Government and RTI responses, no action has been taken, compelling the petitioner to file the present writ petition.
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3. Learned counsel appearing for the first respondent submitted that this Court may direct the seventh respondent to give a fresh application for trade license to run a bakery and restaurant, before the first respondent within a time frame to fixed by this Court.
4. Heard the learned counsel on either side and perused the materials available on record.
5. Considering the submission made by the learned counsel on either side, this Court without going into the merits of the case, issues the following directions:
(i) The seventh respondent is directed to give a fresh application for trade license to run a bakery and restaurant, before the first respondent along with relevant documents including No-Objection Certificate obtained from the concerned authorities viz., Fire Department and FSSAI within a period of two weeks from the date of receipt of a copy of this order; 4/7
(ii) On such receipt, the first respondent is directed to consider the said application by conducting detailed enquiry, after giving due notice to the petitioner as well as the seventh respondent, opportunity of personal hearing and considering the documents filed by both the parties on merits, in accordance with law and pass appropriate orders within a period of eight weeks thereof.
6. This writ petition is disposed of with the aforesaid observation and directions. No costs.
04.04.2025 Index : Yes / No Internet : Yes / No To 1.The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600 003.
2.Regional Deputy Commissioner, Greater Chennai Corporation, Shenoy Nagar, Chennai - 600 030.
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3.Zonal Officer, Zone-7, Greater Chennai Corporation, Thiruvallur High Road Opp. Dunlop, Chennai - 600 053.
J.SATHYA NARAYANA PRASAD, J.
vm 4.The Zonal Health Officer, Zone-7, Greater Chennai Corporation, Ambattur, Chennai - 600 053.
5.The Commissioner, Office of the Fire Station, Ambatture, No.98, Ambit IT Park Road, Ambattur Industrial Estate, Ambattur, Chennai - 600 058.
6.The Labour Officer, Office of the Assistant Officer of Labour, No.35 A, Murugappa Colony, Saraswathi Nagar, Ambattur, Chennai - 600 053.
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