Madras High CourtWP/41411/2016disposed of

R.Balaraman, v. The Commissioner,

2017-03-13Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.41411 of 2016 and W.M.P.No.35382 of 2016 R.Balaraman ..

Petitioner Vs.

1.The Commissioner, Corporation of Chennai, Ripon Building, Park Town, Chennai - 3.

2.The Zonal Revenue Officer, Corporation of Chennai, Zone - 8, Pulla Avenue, Shenoy Nagar, Chennai - 30.

3.Zonal Health Officer, Corporation of Chennai, Zone 8, Pulla Avenue, Shenoy Nagar, Chennai - 30.

4.The District Environmental Officer, The Tamil Nadu Pollution Control Board, Sri Jothi Complex, No.6/1, Murugesan Street, Balavinayagar Nagar, Arumbakkam, Chennai - 106.

5.The Divisional Engineer, National Highways Chennai Division, Guindy, Chennai - 25.

6.The Inspector of Police (Law and Order), K-8 Arumbakkam Police Station, Arumbakkam, Chennai - 106.

7.The Inspector of Police (Traffic), K-3 Aminjikarai Police Station, Aminjikarai, Chennai - 102.

8.Blue Chillies Multi Cuisine Restaurant rep. by its Proprietor George Christopher ..

Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing respondents 1 and 2 to order closure of the restaurant being run by the 8th respondent at Door No.50, Dr.Radhakrishnan Nagar, Arumbakkam, Chennai - 106 without obtaining proper licence from respondents 1 and 2 herein without complying with the pollution norms prescribed by the fourth respondent herein.

For Petitioner ..

Mr.T.V.Vineeth Kumar For Respondents ..

Mr.P.V.Selvakumar for R1 to R3 Mr.Yasmeen Ali for R4 Mr.S.Diwakar, Spl. Govt. Pleader for R5 to R7 Mr.V.Purushothaman for R8

ORDER

This writ petition has been filed on the premise that the 8th respondent has been running a restaurant without due licence. 2.When the matter is taken up for hearing, learned counsel appearing for the Corporation submits that pursuant to the notice issued, the restaurant run by the 8th respondent has been closed on 10.03.2017.

3.Recording the above submission made by the learned counsel for the Corporation, this writ petition stands disposed of. However, it is made clear that this order cannot be construed to hold that any application to be made by the 8th respondent seeking license cannot be considered, as the same will have to be considered on its own merits and subject to the decision of the Division Bench with respect to the parking space. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi

To 1.The Commissioner, Corporation of Chennai, Ripon Building, Park Town, Chennai - 3.

2.The Zonal Revenue Officer, Corporation of Chennai, Zone - 8, Pulla Avenue, Shenoy Nagar, Chennai - 30.

3.The Zonal Health Officer, Corporation of Chennai, Zone 8, Pulla Avenue, Shenoy Nagar, Chennai - 30.

4.The District Environmental Officer, The Tamil Nadu Pollution Control Board, Sri Jothi Complex, No.6/1, Murugesan Street, Balavinayagar Nagar, Arumbakkam, Chennai - 106.

5.The Divisional Engineer, National Highways Chennai Division, Guindy, Chennai - 25.

6.The Inspector of Police (Law and Order), K-8 Arumbakkam Police Station, Arumbakkam, Chennai - 106.

7.The Inspector of Police (Traffic), K-3 Aminjikarai Police Station, Aminjikarai, Chennai - 102.

+1cc to Mr.Purushothaman, Advocate, S.R.No.15809 +1cc to Mr.Selvakumar, Advocate, S.R.No.15664 +1cc to Mr.Vineeth kumar, Advocate, S.R.No.16138 +1cc to the Government Pleader, S.R.No.16038 SKV(CO) RS(24/03/2017) W.P.No.41411 of 2016