Petitioner sought writ of mandamus directing the Corporation Commissioner to dispose of a representation concerning an illegally operated fish market. The court dismissed the petition as the representation had already been disposed of by the Zonal Officer.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 16/7/2019
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.22891 of 2017
a n d W.M.P.No.24055 of 2017
S.Ranjith Fernando ... Petitioner
Vs
1. The Commissioner of Corporation Greater Chennai Corporation Ripon Building Chennai 600 003.
2. JMH Imran ... Respondents
Prayer Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus, directing the first respondent to dispose the representation of the petitioner, dated 19/6/2017, within a time frame, fixed by this Court.
For petitioner ... Mr.V.M.Lakshmi Narayanan For respondents ... Mr.K.Soundararajan for R.1.
O R D E R
(Order of the Court was made by S.Manikumar,J)
Petitioner has sought for a writ of mandamus, directing the Commissioner of Corporation, Greater Chennai, Chennai, first respondent, to dispose of the representation of the petitioner, dated 19/6/2017.
2. Apart from the above, inviting the attention of this Court to Application No.206 of 2017 (South Zone), Chennai, Mr.V.M.Lakshmi Narayanan, learned counsel for the petitioner
submitted that for the relief sought for, in the representation, dated 19/6/2017, petitioner has approached National Green Tribunal, Chennai, for the following prayers:-
(i) Direct demotion and stop the usage of the entire Chintadripet fish market operated by the fourth respondent illegally operated in S.No.735/47, Block No.13, C/A.No.925/8283, Ward No.16, Arunachalam Naickan Street, Chintadripet, without obtaining permission respondents 1 to 3.
(ii). direct the first respondent to initiate prosecution against the fourth respondent for violation of the Environment (Protection) Act, 1986.
(iii). to restore the environmental damage committed by the fourth respondent by operating the illegal operation of the fish operation.
3. Zonal Officer 5, Greater Chennai Corporation, Chennai, has filed a counter affidavit, contending inter alia that representation, dated 9/6/2017, has been examined and disposed of, vide letter No.Z.O.V.AEE/U-14/C.No.5299/2017, dated 30/12/2017 and that the petitioner has also been informed. That apart, there cannot be parallel proceedings for similar relief.
4. In view of the above, nothing survives for further adjudication. Hence, writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition No.24055 of 2017 is closed.
Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
mvs.
To
The Commissioner of Corporation Greater Chennai Corporation Ripon Building Chennai 600 003.
+1cc to Mr .K.Soundararajan , Advocate SR.No.60123
Writ Petition No.22891 of 2017
CP(CO) GMY(07/08/2019)
1 issue framed by the court
Whether the WTO petition challenging the inaction regarding a representation dated 19/6/2017 survives for further adjudication given that the representation was disposed of via a counter affidavit.
1 provisions across 1 enactments
S.Ranjith Fernando
The Commissioner of Corporation Greater Chennai Corporation
JMH Imran
S.Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
