W.P(MD)No.27042 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.27042 of 2023 and W.M.P(MD)No.23221 of 2023 C.Veeramalai ...Petitioner Vs. 1.The District Collector, Madurai District, Madurai. 2.The Commissioner, Madurai Municipal Corporation, Madurai. 3.The Tahsildar, Madurai East Taluk, Madurai. 4.Suresh Babu 5.The District Environmental Engineer, Tamilnadu Pollution Control Board, SIDCO Industries Estate, Kappalur, Madurai 625 008. ...Respondents 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.27042 of 2023 (R5 is suo motu impleaded vide Court order dated 17.06.2025 in W.P.(MD)No.27042 of 2023) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to forbear the operation of 4th respondent's "Thirupathi Sweets Factory" at Survey No.105/15, 40th ward, Vandiyur, Madurai - 625 020, based on the petitioner's representation dated 10.08.2023 within a time frame as may be fixed by this Court. 1. For Petitioner :Mr.R.Shankar Ganesh For R1 and R3 :Mr.M.Lingadurai Special Government Pleader For R4 :Mr.K.P.Ramesh For R2 :Mr.S.Vinayak Standing Counsel For R5 :Mrs.Madhuri Donti Reddy ***** ORDER The present writ petition is filed for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to forbear the operation of 4th respondent's "Thirupathi Sweets Factory" at Survey No.105/15, 40th ward, Vandiyur, Madurai - 625 020, based on the petitioner's representation dated 10.08.2023 within a time frame as may be fixed by this Court. 2.The contention of the petitioner is that the fourth respondent is carrying out production of sweets in at Survey No.105/15 and it is emitting smoke 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.27042 of 2023 and smell in the air, thereby, polluting the air. 3.The Learned Standing Counsel appearing for the second respondent Municipal Corporation submitted that a spot inspection was carried out and it is seen that no smoke was emitted. However, the petitioner clarified stating that for the time being, the 4th respondent was producing sweets in some other place. Hence no smoke was emitted for the time being. However, there is a plan to produce sweets in the disputed site. 4.The learned Counsel appearing for the petitioner submitted that the fourth respondent has not obtained any license from the Corporation. 5.The Learned Standing Counsel appearing for the 5th respondent Tamil Nadu Pollution Control Board submitted that they carried out spot inspection and advised the petitioner to close the unit and produce sweets from some other place. The fourth respondent submitted an undertaking to produce the sweets in some other place. 6.After hearing the submissions, this Court is of the considered opinion that production of sweets may not be a hazardous industry. However, it cannot create a nuisance to the nearby residential area and the nearby people, 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.27042 of 2023 since the area is classified as semi residential. Therefore, the 4th respondent has violated the rules by running the unit without obtaining any license from the appropriate authority. Therefore, the 4th respondent is directed to obtain license and other certificates from the appropriate authorities. Until then, the fourth respondent is directed to produce the sweets in some other place. However, the 4th respondent is not prohibited from selling the sweets in the present disputed site. The authorities shall consider and issue the license and other certificates within a period of three months from the date of receipt of a copy of this order. The said license will be issued based on the fulfillment of the conditions that would be prescribed by the authorities. 7.With the above said observations, the writ petition is disposed of. There is shall no order as to costs. Consequently, connected miscellaneous petition is closed. 17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.27042 of 2023 1.The District Collector Madurai District, Madurai 2.The Commissioner Madurai Municipal Corporation, Madurai 3.The Tahsildar Madurai East Taluk, Madurai 4.The District Environmental Engineer, Tamilnadu Pollution Control Board, SIDCO Industries Estate, Kappalur, Madurai 625 008. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.27042 of 2023 S.SRIMATHY , J. Tmg ORDER MADE IN W.P(MD)No.27042 of 2023 DATED :17.07.2025 6/6 https://www.mhc.tn.gov.in/judis