L.T.William Moses, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.23942 of 2013 and M.P.Nos.1 and 2 of 2013 L.T.William Moses ... Petitioner Vs 1.The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai - 600 003.

2.The Executive Engineer, Zone IV, Ayanavaram, Chennai - 600 023.

3.The Asst.Health Officer, Chennai Corporation, Ayanavaram, Chennai - 600 023.

4.Mr.K.Chandrasekar ... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 and 2 to invoke provisions under Sections 293 of the Chennai City Municipal Corporation Act 1919 squeal to petitioner representation dated 22.8.2013 and consequently forbearing the 4th respondent from in any manner running the Dhobikana at premises No.383, T.V.K.Nagar, Chennai - 600 082.

For Petitioner : Mr.T.S.Rajamohan For Respondents : Mr.G.Anantharangan Standing Counsel for R1 to R3 No appearance for R4

O R D E R

Heard Mr.T.S.Rajamohan, learned counsel for the petitioner and Mr.G.Anantharengan, learned Standing counsel appearing for the respondents 1 to 3. Mr.S.Thiruvengadam, learned counsel for the 4th respondent submitted that he had already given a change of vakalat and a memo has been filed.

2. This writ petition has been filed seeking a direction to the respondents 1 and 2 to take action against the fourth respondent based on the representation of the petitioner dated 22.08.2013.

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3. The grievance of the petitioner is that the fourth respondent is running a Dhobikana in the residential area, which causes mental agony to the petitioner.

4. The learned Standing counsel appearing for the respondents 1 to 3 submitted that the fourth respondent is not running a Dhobikana, where he is only ironing the clothes. He further submitted that if a fresh representation is given, the respondents 1 to 3 are ready to take action in accordance with law.

5. In the light of the limited scope of prayer sought for in this writ petition and the submissions made by the learned counsel on either side, the petitioner is directed to give a fresh representation to the second respondent, by enclosing a copy of this order, within a period of two weeks from the date of receipt of a copy of this order. On such compliance, the second respondent shall take appropriate action on merits and in accordance with law, after providing an opportunity of personal hearing to all necessary parties.

6. With the above direction, this writ petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar ms To 1.The Commissioner, Corporation of Chennai, Rippon Buildings,Chennai - 600 003.

2.The Executive Engineer, Zone IV, Ayanavaram, Chennai - 600 023.

3.The Asst.Health Officer, Chennai Corporation, Ayanavaram, Chennai - 600 023.

+1cc to Mr.T.S.Rajamohan, Advocate Sr.No.39769 SVN(CO) sm:2.7.2018 W.P.No.23942 of 2013 and M.P.Nos.1 and 2 of 2013 https://hcservices.ecourts.gov.in/hcservices/