Tmt.P.Dhanalakshmi, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P. No. 2916 of 2015 P.Dhanalakshmi ...

Petitioner Vs

1. The District Collector The Collectorate Office, Vellore 2 The Deputy Environment Engineer Pollution Control Board, 3 The Executive Officer Sholinghur Town Panchyat, Sholinghur, 4 Tamilnadu Medical Council New No.914, Old No.569, Poonamallee High Road, Arumbakkam, Chennai 600 106 5 Chennai Metropolitan Development Authority, Thalamuthu Natarajan Building, Gandhi Irwin Road Egmore, Chennai.

6 The Additional Director of Town Panchayat, District Collectorate Office Vellore

7 The Chief Medical Officer M/s. New Care Hospital, 4th Ward, Padiyanallur, Sholinghur, Walaja Taluk, ...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus directing the respondents 1 to 6 to consider the petitioner's representation dated 25.08.2014 and thereby direct the respondents 1 to 6 to demolish the unauthorised construction put up by the 7th respondent situated at M/s.New Care Hospital, functioning at 4th Ward, Pandiyanallur Sholinghur, Walajah Taluk, Vellore District - 631 102 and the said hospital is situated in Survey No.735/2B immediately For petitioner : Mr.D.Thirumoorthy For Respondents: Mr.S.T.S.Murthy,Govt.Pleader for RR.1,3 and 6 Mr.H.Yasmin Ali for R.2

O R D E R

(Order of the Court was made by M.M.SUNDRESH,J.) The grievance of the petitioner is that despite a representation having been made by the petitioner on 25.8.2014 bringing to the notice of respondents No.2 to 4 about the pollution caused by the 7th respondent and the construction put up without permission, no action has been taken.

2. A perusal of the records would show that though action has been initiated it has not been concluded by the respondents 2 to 4. Considering the pendency of the representation dated 25.8.2014 made by the petitioner, without going into the merits of the case, respondents No.2 to 4 are hereby directed to pass appropriate orders on the said representation of the petitioner dated 25.8.2014 in accordance with law within a period of six weeks from the date of receipt of copy of this order, after affording an opportunity of hearing to the petitioner as well as the 7th respondent.

3. The writ petition is disposed of accordingly. However, there is no order as to costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar usk To

1. The District Collector The Collectorate Office Vellore 2 The Deputy Environment Engineer Pollution Control Board, 3 The Executive Officer Sholinghur Town Panchyat, Sholinghur, Vellore District 4 Tamilnadu Medical Council New No.914 Old No.569, Poonamallee High Road, Arumbakkam Chennai 600 106 5 Chennai Metropolitan Development Authority, Gandhi Irwin Road Egmore Chennai 6 The Additional Director of Town Panchayat, District Collectorate Office Vellore 1 cc to M/s.S. Silambuselvan, Advocate, Sr. 6563 1 cc to Government Pleader, Sr. 6346 W.P. No.2916 of 2015 SV (CO) kk 16/2