IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 4.12.2009 CORAM: THE HONOURABLE MR.JUSTICE S.J.MUKHOPADHAYA AND THE HONOURABLE MR.JUSICE M.DURAISWAMY Writ Petition Nos.46377 of 2002 and 1579 of 2003 and W.P.M.P.Nos.67490 of 2002 and 1980 of 2003 A.Kudupudin .. Petitioner in both the Writ Petitions Vs. 1. Member Secretary, Pondicherry Pollution Control Board, Government of Pondicherry, Pondicherry-1. 2. The Commissioner, Pondicherry Municipality, Pondicherry-1. 3. I.Varadarajan .. Respondents in W.P.No.46377 of 2002 1. The Commissioner, Pondicherry Municipality, Pondicherry-605 001. 2. I.Varadarajan 3. Director of Town and Country Planning Authority, Government of Pondicherry, Pondicherry-605 001. .. Respondents in W.P.No.1579 of 2003 Writ Petitions under Article 226 of the Constitution of India, praying for issuance of Writs of Certiorari, as stated therein. For petitioners in both Writ Petitions: No appearance For respondents in W.P.No.46377 of 2002: Mr.Syed Mustafa, Addl.G.P.(Pondy) for RR-1 & 2 No appearance for R-3 https://hcservices.ecourts.gov.in/hcservices/ For respondents in W.P.No.1579 of 2003: Mr.Syed Mustafa, Addl.G.P.(Pondy) for RR-1 & 3 No appearance for R-2 ORDER (The Order of the Court was made by S.J.Mukhopadhaya,J) Writ Petition No.46377 of 2002 is filed for issuance of a Writ of Certiorari, after calling for the records of the Member Secretary, Pondicherry Pollution Control Board, Government of Pondicherry (the first respondent) and made in his proceedings No.1/PPCC/PC/Direction/TA/2002/3712, dated 10.12.2002 and quash the same. 2. Writ Petition No.1579 of 2003 is filed for issuance of a Writ of Certiorari, after calling for the records of the Commissioner, Pondicherry Municipality (first respondent), dated 2.1.2003 and made in No.4385/PTVA2/A/2002 and quash the same. 3. The petitioner was running an automobile workshop in the residential area. He was served with a show cause notice by the Pondicherry Pollution Control Committee, dated 10.12.2002, whereby, it was alleged that he was running the Unit without obtaining necessary clearance from the Pollution Control Committee. The petitioner has challenged the same before this Court in W.P.No.46337 of 2002, wherein, interim order of stay was passed. 4. In the meantime, the Pondicherry Municipality, exercising its power, issued the impugned order dated 2.1.2003, directing the petitioner to shift the workshop to a non-residential area before 31.12.2002, as the area in which he has been running the Unit has been declared to be residential area by Government Order 99, dated 4.9.1997. The petitioner has challenged the said order of the Municipality dated 2.1.2003 in W.P.No.1579 of 2003, in which also, interim order of stay was passed by this Court. 5. According to the petitioner, he is running the automobile workshop at No.2, 2nd Cross Street, Ansari Duraiswamy Nagar, Mudaliarpet, Pondicherry, under the name and style of "Salem Barani Auto Diesel Works", having obtained permission from the Pondicherry Municipality on 7.7.2000. He is doing auto diesel work at the above address for the past ten years. It is alleged that the third respondent having constructed the house near the workshop, the action has been taken. https://hcservices.ecourts.gov.in/hcservices/ 6. We have perused the petitions and also heard the learned counsel appearing for the Pondicherry Municipality, the Pondicherry Pollution Control Committee/Board and the Director of Town and Country Planning Authority of the Government of Pondicherry. 7. From the records, it appears that the Officers of the Pondicherry Pollution Control Committee inspected the workshop on 1.10.2002 and found that the four wheelers have been parked on the road for the purpose of repairing and also on the vacant site adjacent to the complainant's house, causing obstruction for movement of the public and also causing pollution in the area. 8. It has not been disputed that the area in question has been declared as residential area. No commercial activity can be held in the said area. 9. In the above background, if the respondents have asked the petitioner to shift the workshop to some other place, we find no illegality in the same. The impugned orders cannot be treated to be closure of the workshop, but merely a direction to shift the same to appropriate place. 10. There being no merits, both the Writ Petitions are dismissed. No costs. W.P.M.Ps. are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar cs To 1. Member Secretary, Pondicherry Pollution Control Board, Government of Pondicherry, Pondicherry-1. 2. The Commissioner, Pondicherry Municipality, Pondicherry-1. https://hcservices.ecourts.gov.in/hcservices/ 3. The Commissioner, Pondicherry Municipality, Pondicherry-605 001. 4. Director of Town and Country Planning Authority, Government of Pondicherry, Pondicherry-605 001. + 2 ccs to the Sr. Govt., Pleader-cum-Sr. Public Prosecutor for pondicherry (SR No.66135) W.P.Nos.46377 of 2002 and 1579 of 2003 KK (CO) RH (14.12.09) https://hcservices.ecourts.gov.in/hcservices/