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2025 DAILYLAW 26447 (MAD)

PROF.DR.G.C.KOTHANDAN v. THE COMMISSIONER

WP/6213/2025 · 2025-02-21

J Sathya Narayana Prasad

Transfer Petitionbody2025

Judgment text

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W.P.No.6213 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.02.2025 CORAM: THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.6213 of 2025 Prof.Dr.G.C.Kothandan ...Petitioner -Vs- 1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai – 600 003. 2.The Deputy Commissioner (Health), Greater Chennai Corporation, Rippon Buildings, Chennai – 600 003. 3.The Zonal Officer, Zone – 7, Ward – 91, Greater Chennai Corporation, Ambattur, Thiruvallur District. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the respondents to take action based on the petitioner's representation dated 07.06.2023 and 12.09.2023 within a time limit fixed by this Court and pass such further orders. 1/6 https://www.mhc.tn.gov.in/judis W.P.No.6213 of 2025 For Petitioner : Mr.M.Rajasekaran For Respondents : Mr.E.C.Ramesh Standing Counsel O R D E R This writ petition has been filed to direct the respondents to take action based on the petitioner's representation dated 07.06.2023 and 12.09.2023. 2. The case of the Petitioner is that the petitioner is residing at the above mentioned address and behind his house, there is a street consisting of an Industrial Unit and a vacant land belonging to the Corporation of Chennai meant for a Park. The Park was partly constructed and a compound wall was constructed around the land. Some years back, the constructed wall just behind his house had collapsed and was never reconstructed again. The vacant land is now being used by the private parties and industrial unit people to park their vehicles in the partly open land. 3. The grievance of the Petitioner is that all the Industrial Units behind the Petitioner's house are dumping their industrial waste and other waste in 2/6 https://www.mhc.tn.gov.in/judis W.P.No.6213 of 2025 the vacant land owned by the respondents. There is also a central kitchen wherein the food for the restaurants of the industrial units is being prepared, and vegetable and food wastes of those restaurants are dumped in the said vacant land. Therefore, the Petitioner made representations dated 25.04.2023, 07.06.2023 and 12.09.2023 to the respondents, and no steps have been taken by the respondents till date. Hence, the present Writ petition has been filed. 4. Learned counsel appearing for the petitioner would submit that a lot of unwanted plants also have grown in the place, and the people working in the Industries and the drivers who park the vehicles are using the place as a public toilet, emanating bad smells and polluting the environment. The wastes dumped by the industrial unit people and the hotel people have filled the rainwater drainage constructed behind the Petitioner's house, causing obstruction of the free flow of the rainwater. An inspection of the said locality will prove the facts mentioned above. 5. It is further submitted that because of the mosquitoes in large in the locality, all the members of the petitioner's family, including himself have 3/6 https://www.mhc.tn.gov.in/judis W.P.No.6213 of 2025 been hospitalized, diagnosing typhoid fever resulting in Chikungunya in the months of August and September, 2024. Till date, their health has not completely recovered from the diseases. 6. Learned standing counsel appearing for the respondents Corporation would submit that within a week all the industrial waste dumped behind the Petitioner's house will be removed and the site was also inspected by the concerned authority. 7. Heard both sides and perused the materials available on record. 8. In view of the above submission made by the learned standing counsel appearing for the respondents Corporation, the respondent will remove all the industrial waste within a period of one week, and the same is recorded by this Court. In the result, the writ petition stands disposed of with the above observations. No costs. 21.02.2025 cda Index : Yes/No Speaking/Non Speaking order 4/6 https://www.mhc.tn.gov.in/judis W.P.No.6213 of 2025 To 1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai – 600 003. 2.The Deputy Commissioner (Health), Greater Chennai Corporation, Rippon Buildings, Chennai – 600 003. 3.The Zonal Officer, Zone – 7, Ward – 91, Greater Chennai Corporation, Ambattur, Thiruvallur District. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.6213 of 2025 J.SATHYA NARAYANA PRASAD, J. cda W.P.No.6213 of 2025 21.02.2025 6/6 https://www.mhc.tn.gov.in/judis