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Madras High CourtWP/14439/2022disposed of

D.Murugan v. The Commissioner

2022-06-13Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.14439 OF 2022 AND W.M.P.NO.13654 OF 2022 D.Murugan ... Petitioner .Vs.

1. The Commissioner, Greater Chennai Corporation, Rippon Buildings,

2. The Revenue Officer, Corporation of Chennai, Rippon Building,

3. The Assistant Revenue Officer, Zone-III, Greater Chennai Corporation, ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the concerned records relating to the Notice No.Nil dated 27.05.2022 passed by the second respondent and quash the same.

For Petitioner : Mr.M.Gnanasekar For Respondents : Mrs.P.T.Ramadevi Standing Counsel

ORDER

Mrs.P.T.Ramadevi, learnes standing counsel takes notice on behalf of the respondents.

2. This Writ Petition is being disposed at the time of admission considering the fact that the respondents have issued the impugned notice dated 27.05.2022, without any reasons.

3. The learned standing counsel for the respondents on the other hand would would submit that the respondents have received a complaint from the neighbour of the petitioner and therefore the impugned notice has been issued and that there is a noise pollution on account of the welding activities carried out in the shop. The facts on record indicates that the petitioner has been given a license which has also renewed on 21.03.2022, on payment of necessary charges.

4. Considering the fact that the petitioner has been given license which has been renewed for welding shop, I am inclined to dispose this Writ Petition by directing the respondents to issue a proper notice after examining whether there is any violation made by the petitioner in the terms and conditions of the license or the Law.

5. The notice should particularize the alleged violation and thereafter proceedings can be initiated against the petitioner under the provisions of the Chennai City Municipal Corporation Act, 1919.

6. This Writ Petition stands disposed of with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar arb To 1.

The Commissioner, Greater Chennai Corporation, Rippon Buildings, 2.

The Revenue Officer, Corporation of Chennai, Rippon Building,

3.

The Assistant Revenue Officer, Zone-III, Greater Chennai Corporation, +1cc to Mr.M.Gnanasekar, Advocate, S.R.No.34434 +1cc to Mrs.P.T.Ramadevi, Advocate, S.R.No.34645 W.P.NO.14439 OF 2022 AND W.M.P.NO.13654 OF 2022 RP(CO) PBS/29/06/2022