MASSEYS Vs. CORPORATION OF CHENNAI REP

JUDGEMENT

(1.) Though the matter was listed for considering the petition filed by the respondents to vacate the interim order, since the same question was involved, on consent of the counsels appearing for the parties, the writ petition itself was heard on merit and is being disposed of by the present judgment.

(2.) The petitioner has prayed for issuing a Writ of Mandamus forbearing the respondents from constructing a lavatory block on the footpath, adjacent to the entrance at No.17, North Railway Terminus Road, Royapuram. The petitioner is an Engineering Company engaged in the manufacture of granite products and has established warehousing, clearing and forwarding services. It is stated that in the first week of October, 2002, the petitioner found that adjacent to the compound wall, just at the entrance to the complex, the respondents were constructing Public Lavatories. The petitioner filed a representation to the respondents on 12.10.2002 stating that public lavatory should not be constructed at the said place. It was alleged that large number of lorries and trailers carrying heavy cargo move in and out every month. It was further alleged that about 200 workers were working inside the campus and construction of a public lavatory would be a major health hazard because of water stagnation, mosquitoes, flies and the diseases usually associated with such pests. It is further stated that even though a representation was made, no reply has been received. Therefore, a writ of Mandamus or appropriate writ should be issued forbearing the respondents from constructing public lavatory at the said place.

(3.) The main contention raised by the learned counsel appearing for the petitioner is to the effect that the Corporation has no right to construct lavatories on the footpath and such construction is not permissible under the law.