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Madras High CourtWP/25405/2023disposed of

K.Hemalatha v. Greater Chennai Corporation

2023-09-12Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.25405 of 2023 and W.P No.24802 of 2023 K. Hemalatha

...Petitioner

Vs.

1.Greater Chennai Corporation, Rep. By its Commissioner, Ripon Buildings, 53, Raja Muthiah Rd, Kannappar Thidal, Periyamet, Chennai-600 003.

2.The Regional Deputy Commissioner, North Chennai No.62, Basin Power House Road, Basin Bridge, Chennai - 600 012.

3.The Assistant Revenue Officer, Zone-IV, Revenue Department, Old Washermanpet, Chennai-600 021.

4.The Tamil Nadu Pollution Control Board, Rep by its District Environment Engineer, 950/1, Poonamallee High Road, Chennai-600 084.

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5.V.Giri Proprietor Durga Steel Industries Door No.75/19, Ellaya Street, Old Washermanpet, Chennai-600 021 ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to forthwith take necessary and appropriate action to close down the industry of the 5th respondent namely Durga Steel Industry at Door No.75/19, Elaya Street, Old Washermanpet, Chennai-600 021 and thus render justice. For Petitioner : Mr.K. Selvaraj For Respondents R1 to R3 : MrA.S. Ragul Adhithya for Mrs.P.T.Ramadevi, Standing Counsel For R5 : No appearance

O R D E R

The petitioner herein seeks direction to respondents 1 to 3 to take immediate steps to close down steel industry run by the 5th respondent allegedly in a residential zone.

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2. It is the case of the petitioner that he is a resident of Ellaya Street, Old Washermanpet, Chennai and 5th respondent has started steel industry in the name and style of 'Durga Steel Industries' opposite to the house of the petitioner without getting any license from the Chennai Corporation. In this regard, the petitioner sent a complaint to the respondents 1 to 3 and till date no action has been taken. Therefore, the petitioner has come up with this writ petition.

3. MrA.S. Ragul Adhithya for Mrs.P.T.Ramadevi, Standing Counsel appearing for the respondents 1 to 3 on instructions submits that based on the complaint of the petitioner, the 3rd respondent issued a show cause notice to the 5th respondent on 12.08.2023.

4. In view of the submission made by the learned Standing Counsel for respondent corporation that 3rd respondent has already issued a show cause notice to the 5th respondent, no further orders are necessary in this writ petition except to direct the 3rd respondent to consider the objections of the 5th 3/6

respondent and pass final orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 12.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To

1. The Commissioner, Ripon Buildings, 53, Raja Muthiah Rd, Kannappar Thidal, Periyamet, Chennai-600 003.

2.The Regional Deputy Commissioner, North Chennai No.62, Basin Power House Road, Basin Bridge, Chennai - 600 012.

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3.The Assistant Revenue Officer, Zone-IV, Revenue Department, Old Washermanpet, Chennai-600 021.

4. The District Environment Engineer, The Tamil Nadu Pollution Control Board, 950/1, Poonamallee High Road, Chennai-600 084.

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S.SOUNTHAR , J.

nr W.P No.25405 of 2023 and W.P No.24802 of 2023 12.09.2023 6/6