Mr.N.Ganesh v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:20.06.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.6871 of 2013 N.Ganesh ... Petitioner -Versus1.The Commissioner, Avadi Municipality, NM Road, Avadi, Chennai 600 054.

2.Chennai Metropolitan Development Authority Thalamuthu Natarajan Buiding, Gandhi Irwin Road, Egmore, Chennai 600 008.

3.The Chief Inspector Inspector of Factories No.5, Chepauk, Chennai 600 005.

4.The Inspector of Factories Thiruvellore District.

Thiruvellore, Tamil Nadu.

5.M/s.Good Boxes Pvt Ltd., D.No.15, 4th Avenue, ''A'' Sector Siva Sakthi Nagar, Avadi, RCC, Chennai 600 109.

6. The State Pollution Control Board, No.76, Mount Salai, Guindy, Chennai-32.

(R6 Impleaded as per Order Dated 20/03/2016 in WP.NO.6871/13) ... Respondents

Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents 1 to 4 to shift the 5th respondent company from the residential area D.No.15, 4th Avenue, ''A'' Sector Siva Sakthi Nagar, Avadi, RCC, Chennai 600 109 to any industrial area. For Petitioner ::: Mr.M.R.Dharanichander For Respondents ::: Mr.P.Srinivas for R.1 Mr.N.Sampath for R.2 Mr.S.T.S.Murthi Government Pleader for R.3 and R.4 Mrs.Rita Chandrasekaran for R6

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) In view of the issue raised being one of noise pollution, we implead the State Pollution Control Board as the 6th respondent. Memo of parties be amended accordingly.

2. Mrs.Rita Chandrasekaran accepts notice for the newly impleaded 6th respondent.

3. The Pollution Control Board/6th respondent to cause an inspection of the premises and to verify whether it meets that the necessary norms of the maximum noise pollution levels for the residential area. The exercise be undertaken within a month and a copy of the report be sent to the 1st respondent and the 5th respondent. Depending on the report, necessary action would be required by the first respondent.

4. All papers filed in Court by the petitioner and the respondents be served on the learned counsel for the 6th respondent within two days.

5. The writ petition accordingly stands disposed of, leaving the parties to bear their own costs. Consequently, connected miscellaneous petition is closed.ksr Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Commissioner, Avadi Municipality, NM Road, Avadi, Chennai 600 054.

2.Chennai Metropolitan Development Authority, Thalamuthu Natarajan Buiding, Gandhi Irwin Road, Egmore, Chennai 600 008.

3.The Chief Inspector, Inspector of Factories No.5, Chepauk, Chennai 600 005.

4.The Inspector of Factories, Thiruvellore, Thiruvellore District.

5. The State Pollution Control Board, No.76, Mount Salai, Guindy, Chennai-32.

+ 1 cc to Mr.M.R.Dharanichander, Advocate Sr 34362 + 1 cc to Mr.P.Srinivas Advocate Sr 33791 + 1 cc to Mr.N.Sampath, Advocate Sr 34056 + 1 cc to Mr.K.N.Pandian, Advocate Sr 34659 + 1 cc to The Govt.Pleader, Sr 33827 KR/5/7/16 W.P.No.6871 of 2013