P.SURESH Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) This is a Public Interest Litigation. The petitioner is a resident of Singarayar Colony in Narimedu, Madurai. The fifth respondent is presently running a business establishment at 28/2A, Singarayar Colony, South Street, Narimedu, Madurai, wherein, according to the petitioner, the fifth respondent brings huge quantity of broken bottles, crushed the same and then, transported the same to various destinations. As a result, according to the petitioner, lot of nuisance is caused as the said processing causes great health hazard to the people living in that area. It is also alleged that no licence has been obtained to run the said business in the said place, nor any permission has been obtained from the Pollution Control Board.

(2.) Mr.Veera Kathiravan, learned Senior Counsel appearing for the fifth respondent would vehemently oppose this Writ Petition. According to him, on the direction issued by the Inspector of Police, Narimedu Police Station, unilaterally, the business establishment has been closed now. He would further submit that no processing takes place in the building in question. As a matter of fact, according to him, old bottles have been brought to the said building, cleaned and then, transported to various destinations. Thus, according to the learned Senior Counsel, neither licence nor any permission is obtained under any enactment. He would further submit that the fifth respondent has been running the business for the past 20 years and there has been no complaint of any nuisance by any resident of that locality. He would further add that out of some personal motive, the petitioner has come up with the present Writ Petition.

(3.) The learned Standing Counsel for the second respondent would submit that as of now, the building has been closed and during the inspection made by the officials of the second respondent, there was no such nuisance found at all.