P.Thiyagarajan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.42635 of 2016 P.Thiyagarajan ..

Petitioner -vs1. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003

2. Nagalingam ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to dispose the representation of the petitioner dated 05.08.2016.

For Petitioner ::

Mr.S.Gunaseelan For Respondents ::

Mr.P.V.Selvakumar Standing Counsel for R1

ORDER

This writ petition has been filed seeking a direction to the first respondent to dispose of the representation of the petitioner, wherein he has made a complaint of public nuisance.

2. Learned counsel for the petitioner submitted that after the petitioner purchased the property in question on 6.7.2015, he has given a representation on 5.8.2016 to the first respondent-Commissioner, Corporation of Chennai to take action against the second respondent. But till date, the first respondent has not taken any action, necessitating the filing of the writ petition.

3. A perusal of the representation dated 5.8.2016 as well as the affidavit filed in support of the writ petition does not clearly mention about the date of running of the factory by the second respondent. When the petitioner has not mentioned clearly in the affidavit that only after he purchased the property the second respondent has been doing the loading and unloading work thereby causing nuisance, this Court is not https://hcservices.ecourts.gov.in/hcservices/

inclined to entertain the writ petition. Accordingly, the writ petition fails and it is dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ss To

1. The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003 +1cc to Mr.S. Gunasekaran, Advocate, S.R.No.71798 svi(CO) md(30/12/2016) W.P.No.42635 of 2016 https://hcservices.ecourts.gov.in/hcservices/