Madras High CourtWP/20531/2021disposed of

K.Saravanan v. The Commissioner

2021-10-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH WP No.20531 of 2021 Mr. K.Saravanan ...Petitioner -Vs1. The Commissioner, Corporation of Avadi, Avadi, chennai-600 054

2. E.Vinoth ...Respondents Prayer: Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus or any other appropriate direction or order in the nature of directing the 1st respondent to take action under section 45 of the Tamil Nadu Public Health Act against the 2nd respondent in pursuance of the Notice No.1 of the 1st respondent dated 1.7. 2021 within the time stipulated by this Hon'ble Court.

For Petitioners :

Mr. S.Vijayakumar For Respondents :

Mr.P.Srinivas Standing counsel for R1

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the 1st respondent to take action against the 2nd respondent, who is said to be running a flour mill without obtaining any license from the 1st respondent. 2.

When the matter was came up for admission on 24.09.2021, this Court directed the learned Standing counsel appearing on behalf of the 1st respondent to take instructions as to whether the second respondent has got any license for running the flour mill. When the matter was taken up for hearing today, it is submitted that the 2nd respondent has merely submitted an application seeking for license and no license has been granted by the 1st respondent.

3.In view of the above submissions, there shall be direction to the 1st respondent to immediately stop the 2nd respondent from https://hcservices.ecourts.gov.in/hcservices/

running the flour Mill, till a license is granted in his favour. The 2nd respondent cannot proceed further to run the flour mill even without obtaining a license from the 1st respondent. Obtaining such a license becomes very important because the 1st respondent while considering the application will have to necessarily consider the fact as to whether the running of the flour mill will cause nuisance/ noise pollution to the persons who are living in and around the flour mill. This direction shall be complied with by the 1st respondent forthwith.

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

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rka/sha To The Commissioner, Corporation of Avadi, Avadi, chennai-600 054 +1cc to M/s.S.Vijayakumar, Advocate, S.R.No.51385/21 +1cc to Mr.P.Srinivas, Advocate, S.R.No.51152/21 WP No.20531 of 2021 RLD(CO) RGA(27/10/2021) https://hcservices.ecourts.gov.in/hcservices/