NAGARAJAN Vs. DISTRICT COLLECTOR MADURAI DISTRICT

JUDGEMENT

(1.) The petitioner has filed the present Writ Petition seeking for the issue of a Writ of Mandamus, forbearing the respondents 1 to 3 herein from in any way allowing the fourth and fifth respondents to run the industry in the name and style of Gnanam Ever Silver Pattarai at Door No.9-A E.V.R.Periyar Street, Nandavanam Palam Station Main Road, Sellur, Madurai and also direct the respondents 1 to 3 to take immediate action against the fourth and fifth respondents for violating the provision of Public Health Act and Madurai City Municipal Corporation Act.

(2.) The case of the petitioner is that the fourth and fifth respondents have been carrying on an Industry in the name and style of 'M/s.Gnanam Ever Silver Pattarai' i.e., manufacturing ever silver products in the petitioner's street. The fourth and fifth respondents are manufacturing stainless steel utensils and engaging labourers for the work of welding, cutting, tinkering, polishing and spinning by using heavy machineries. Due to the usage of heavy power equipments and machineries, there is a heavy noise to the surrounding residents and pollution in that locality. Hence, unable to bear with the hardships, the petitioner has sent a detailed representation to the respondents 1 to 3 explaining the difficulties that have been faced by the petitioner and other residents in that locality. However, no action was taken.

(3.) The learned counsel for the petitioner further submits that the third respondent also, vide letter dated 05.11.2015, has informed the second respondent that he has found that the fourth and fifth respondents have been running the industry illegally and unauthorizedly. The Joint Chief Environmental Engineer of Pollution Control Board, vide letter dated 11.09.2015, requested the third respondent to take immediate action on the basis of the petitioner's representation. But, so far, no action was taken. Hence, he is before this Court with the present Writ Petition for the above stated reliefs.