WP No. 1891 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2025 CORAM THE HONOURABLE MRS.JUSTICE N. MALA WP No. 1891 of 2025 Balaji S/o.Vijayaraj, Plot No.2, Sakthi Sai Ram, 2 nd Cross Street, Ganapathy Nagar, Alapakkam, Porur, Tiruvallur, Tamilnadu-600 116. Petitioner(s) Vs 1. The District Collector Tiruvallur District, Tiruvallur-602 001. 2.Tamil Nadu Pollution Control Board, 4/66, Jaya Nagar, Tiruvallur, Tamil Nadu-602 001. 3.Deputy Director Public Health, 47H, Tiruvallur, Thamaripakkam Rd, Ikkadu, Tamilnadu-602 001. 4.Block Development Officer(BDO) Villivakkam Panjayat Union, Ambatur, Chennai-602 021. 5.The Chairman Panchayat Union, 1/6 https://www.mhc.tn.gov.in/judis WP No. 1891 of 2025 Vanagaram, Panchayat Bard, Vanagaram, Chennai-600 095. Respondent(s) PRAYER Writ petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records in proceedings No.3647/2022/ A6 dated on 13.06.2024 and quash the same and direct the 4th and 5th respondents to allow the balaji coffee shop to reinstate business activities. For Petitioner(s): Mr.Rajkumar For Respondent(s): Mr.M.Shajakhan, SGP for R1 Mr.V.Gunasekar, SC for R2 Mr.E.Sundaram, GA for R3 Mr.S.J.Mohamed Sathik for R4 No appearance for R5 ORDER The above writ petition is filed for issuance of a writ of Certiorarified Mandamus, to call for the impugned order dated 13.06.2024, of the 4 th respondent, to quash the same and to direct the 4 th and 5 th respondent to allow the balaji coffee shop to reinstate business activities. 2/6 https://www.mhc.tn.gov.in/judis WP No. 1891 of 2025 2. The petitioner was operating a small-scale coffee powder manufacturing unit named “BALAJI COFFEE CENTRE” operating at No.146/9, Sakthi Sainagar, 2 nd Street, Ganapathi Nagar, Alampakkam, Porur, Chennai. The petitioner states that he obtained all appropriate licenses and clearances. Despite having complied with all the conditions, the petitioner received a notice from the 4 th respondent on 13.06.2024, directing him to obtain additional NOC from the Health Department. Following the said notice, the 4 th respondent sealed the petitioner's factory preventing further operations. Aggrieved by the impugned order and the sealing of the petitioner's premises, the petitioner has filed the above writ petition for the aforesaid relief. 3. Heard both sides and perused the materials placed on record. 4. When the matter is takenup for hearing, the learned counsel for the petitioner submitted an affidavit stating that he has decided to close the coffee manufacturing unit and intends to restrict his business to retail selling of Coffee, Tea and Snacks etc. The learned counsel therefore submitted that the undertaking of the petitioner may be recorded and the writ petition be disposed of accordingly. 3/6 https://www.mhc.tn.gov.in/judis WP No. 1891 of 2025 5. The undertaking of the petitioner in paragraph 6, 7 and 8 of the affidavit reads as follows: "6. I have sent Representation dated 21.04.2025 to the 4 th Respondent informing him my willingness not to carryon business in the Roasting the Coffee seeds or to any other related business in the said premises. I requested him to consider my request remove the seal and open the premises. I have stated in the letter, I may be permitted to do retail business to sell Coffee, Tea and snacks also. 7. I filed this affidavit to affirm that I shall not carry of the business in the roasting the coffee seeds to make coffee powder in the said premises. I will not use Hp motors for that purpose. 8. I may be permitted to carry on Retail business to sell Coffee, Tea and Snacks in the premises. It is my livelihood and I am the sole bread winner for the family consists of aged parents, wife, school going daughter. I will comply with the any order passed by the Hon'ble court in the writ petition." 6. Recording the above undertaking, the writ petition is disposed of and a direction is issued to the 4 th respondent to remove the seal of the premises at No.146/9, Sakthi Sainagar, 2 nd Street, Ganapathi Nagar, Alampakkam, Porur, 4/6 https://www.mhc.tn.gov.in/judis WP No. 1891 of 2025 Chennai. The 4 th respondent shall not interfere with the petitioner's business, as long as it is restricted to retail business alone. In case, if the petitioner violates his undertaking, the 4 th respondent is at liberty to take action against the petitioner in accordance with law. However, there shall be no order as to costs. dsn 16-07-2025 Internet:Yes To 1.The District Collector, Tiruvallur District, Tiruvallur-602 001. 2.The Tamil Nadu Pollution Control Board, 4/66, Jaya Nagar, Tiruvallur, Tamil Nadu-602 001. 3.The Deputy Director Public Health, 47H, Tiruvallur, Thamaripakkam RD, Ikkadu, Tamilnadu-602 001. 4.The Block Development Officer(BDO) Villivakkam Panjayat Union, Ambatur, Chennai-602 021. 5.The Chairman Panchayat Union, Vanagaram, Panchayat Bard, Vanagaram, Chennai-600 095. 5/6 https://www.mhc.tn.gov.in/judis WP No. 1891 of 2025 N.MALA J. dsn WP No. 1891 of 2025 16-07-2025 6/6 https://www.mhc.tn.gov.in/judis