Petitioner directed Corporation to close or shift a scrap industry. Court found action initiated but incomplete. Directed Corporation to proceed with action in compliance with natural justice within eight weeks.
Director third respondent Corporation to proceed with initiated action, affording natural justice, within eight weeks from receipt of order.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 15-12-2015
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
WRIT PETITION No.39396 OF 2015
R.Shanmugasundaram ... Petitioner
-vs-
1.The District Collector, The District Collector Office, Coimbatore District.
2.The Executive Engineer (Environment), Tamil Nadu Pollution Control Board, Coimbatore North, Coimbatore.
3.The Assistant Commissioner, North Zone, Coimbatore Municipal Corporation, Coimbatore.
4.N.Kalaiselvan 5.D.Sathishkumar ... Respondents
Writ Petition under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the third respondent to close or to shift fourth and fifth respondents' scrap industry to some other place.
For petitioner : Mr.M.Easan
For respondent 1 to 3: Mr.R.Sivakumar
O R D E R
Heard Mr.M.Easan, learned counsel for the petitioner; and Mr.R.Sivakumar, learned counsel, who accepts notice on behalf of the third respondent Corporation.
Sd/-
Asst.Registrar (CS III )
/true copy/
Sub Asst. Registrar
dixit
To
1.The District Collector,
The District Collector Office,
Coimbatore District.
2.The Executive Engineer (Environment),
Tamil Nadu Pollution Control Board,
Coimbatore North,
Coimbatore.
3.The Assistant Commissioner,
North Zone,
Coimbatore Municipal Corporation,
Coimbatore.
1 cc to Mr.R.Sivakumar, Advocate, Sr. 67750
1 cc to Government Pleader, Sr. 67595
1 cc to Mr.M. Easan, Advocate, Sr. 67324
W.P.No.39396 OF 2015
CA (CO)
kk 5/1
2 issues framed by the court
Whether the petitioner is entitled to a writ of mandamus directing the Corporation to close or shift the scrap industry
Whether the Corporation has taken sufficient action after initiation under the Public Health Act
1 provisions across 1 enactments
R. Shanmugasundaram
The District Collector, District Collector Office, Coimbatore District
The Executive Engineer (Environment), Tamil Nadu Pollution Control Board, Coimbatore North, Coimbatore
The Assistant Commissioner, North Zone, Coimbatore Municipal Corporation, Coimbatore
N. Kalaiselvan
D. Sathishkumar
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
