P NATARAJAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) W.P.No. 20700 of 1992 has been filed for the following relief: To issue a writ of certiorari calling for the records pertaining to the order dated 19-12-1992 on the file of the Inspector of Police, Tiruvanmiyur, and quash the same. W.P.No. 19830 of 1993 has been filed for the following relief: To issue a writ of certiorarified mandamus calling for the records of the Commissioner, Corporation of Madras, pursuant to the order dated 5-5-1993 under Ref.No.20 Z.O.X.HD/C.No./A1/ 04192/93 of the Assistant Health Officer, Zone X. Mylapore, Madras-4, and the Proceedings dated 11-5-1993 in sealing the premises at No.120 L.B.Road, Tiruvanmiyur, Madras-41, in so far as the petitioner is concerned and quash the same and to direct the Commissioner, Corporation of Madras to reconsider the application for renewal of licence dated 10-2-1993 filed by the petitioner.

(2.) ACCORDING to the petitioner, he is running a Timber and Saw Mill at No. 120 Lattice Bridge Road, Thiruvanmiyur, Madras-41, under the name and style of "Nataraja Nadar & Sons", under a valid licence dated 9-9-1991. He was allowed to use 18 H.P.motor for wood cutting and also allowed to store timber. He claims to have applied for renewal on 10-2-1993 and that his application for renewal was not considered in accordance with the rules and regulations and an order was passed on 5-5-1993 rejecting his ren ewal application at the behest of rival businessmen and other enemies. He claims that no sound nuisance is caused by running the saw mill. It is argued that the order dated 5-5-1993 rejecting his renewal application is arbitrary and illegal. By virtue of sub-section (10) of Section 365 of the Madras City Municipal Corporation Act, the application for renewal of licence for the year 1993-94 shall be deemed to have been allowed for that year since no order was passed on the renewal application within sixty days from 10-2-1993. Further, no opportunity of hearing was given to him. Therefore, the impugned order was bad. No show cause notice was issued to him. The petitioner states in his affidavit that he intends to prefer an appeal against the impugned order dated 5-5-1993 and that the action of the Corporation in sealing the premises is illegal and totally unjust. The petitioner also claims to have rectified the defects pointed out by the Corporation authorities in the notice dated 4-11-1992. Hence, he has preferred W.P. No. 19830 of 1993 challenging the order dated 5-5-1993 of the Corporation of Madras rejecting his application for renewal of licence for the year 1993-94.

(3.) THE Gitanjali Colony Flat Owners Association filed W.M.P.No.32482 of 1993 for impleading themselves as a party and they were impleaded as 2nd respondent in W.P.No.19830 of 1993 by order dated 30-11-1993. A counter affidavit has been filed by them. It is stated that the above Housing Board Colony came into existence in 1982 and there are 24 residential houses in the said colony. THE petitioner has obtained the licence for running the saw mill by suppressing the fact about the existence of the residential colony. According to them, the saw mill is posing a health hazard on account of the sound and vibration nuisance.