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Madras High CourtWP/17135/2023disposed of

E.Madhavi v. The Principal Secretary To Government

2023-06-09Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.17135 of 2023 E.Madhavi Petitioner vs.

1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009.

2. The Commissioner, Greater Chennai Corporation, Park Town, Chennai 600 003

3. The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.950/1, Poonamallee High Road, Arumbakkam, Chennai 600 106.

4. The Assistant Executive Engineer, Zone IX, Greater Chennai Corporation, 4th Cross Street, Lake View Road, Chennai 600 034.

5. D.Satchidanandam

6. Sudhakar ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 2 and 4 to issue

prohibitory orders to the 5th and 6th respondents for running illegal and unlicensed digital printing unit at Flat No.3, Sri Krishna Apartment, No.10/69, Ammaiyappan Street, Royapettah, Chennai. For Petitioner : Mr.P.Kannan Kumar For Respondents : Mr.S.Arumugam Government Advocate for R1, R3 Mr.E.C.Ramesh For R2 and R4

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the Chennai Corporation to act upon the representation made by the petitioner dated 20.03.2023, wherein the petitioner has requested the respondent Corporation to take action against the respondents 5 and 6 on the ground that the 5th respondent has let-out the property to the 6th respondent and the 6th respondent is running a digital printing unit in the 3rd floor of the property without getting any permission / license and causing nuisance to the occupants of the other properties in and around.

2.

Heard Mr.P.Kannan Kumar, learned counsel for the petitioner and Mr.S.Arumugam, learned Government Advocate for Respondents 1 and 3 and Mr.E.C.Ramesh, learned counsel for respondents 2 and 4.

3.

Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 4th respondent to act upon the representation made by the petitioner and deal with the same on its own merits and in accordance with law after affording an opportunity to the respondents 5 and 6 and a decision shall be taken within a period of eight weeks from the date of receipt of a copy of this order.

4.

The petitioner is directed to make a fresh representation to the 4th respondent along with all the relevant documents and also a copy of this order. A copy of the representation shall also be marked to the 2nd respondent.

5.

This writ petition is disposed of with the above directions. No costs.

09.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka

To

1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009.

2. The Commissioner, Greater Chennai Corporation, Park Town, Chennai 600 003

3. The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.950/1, Poonamallee High Road, Arumbakkam, Chennai 600 106.

4. The Assistant Executive Engineer, Zone IX, Greater Chennai Corporation, 4th Cross Street, Lake View Road, Chennai 600 034.

N. ANAND VENKATESH, J.

rka W.P No.17135 of 2023 09.06.2023