IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:29.4.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.10949 of 2011 and M.P.No.1 of 2011 K.S.S.Manivel, ... Petitioner Vs The Commissioner, Corporation of Chennai, Chennai-600 003. ... Respondent Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to do their lawful duty by strictly adhering sections 365(5) and 379A (1) (b) Madras City Municipal Corporation Act against illegal unlicensed industrial unit at 30/B Thiruvalluvar Nagar 1st Main road, Kodungaiyur Chennai 118, and thus to let the petitioner to lead a peaceful and healthy life at his last days. For Petitioner : Mr.GK.Harihara Rajan For Respondent : Mr.V.Bharathidasan, O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to do their lawful duty by strictly adhering sections 365(5) and 379A (1) (b) Madras City Municipal Corporation Act against illegal unlicensed industrial unit at 30/B Thiruvalluvar Nagar 1st Main road Kodungaiyur Chennai 118 and thus to let the petitioner to lead a peaceful and healthy life at his last days. 2. Mr.V.Bharathidasan, learned counsel takes notice on behalf of the respondent. By consent of both parties, the writ petition is taken up for final disposal. 3. Petitioner is a senior citizen and has enclosed the discharge summary issued by M/s.Vijaya Hospital, Heart Foundation which reveals that the petitioner has been implanted with a permanent pacemaker. The grievance of the petitioner is that the neighbour by https://hcservices.ecourts.gov.in/hcservices/ name Mrs.S.Lourdhusamy, son of Mr.Soosai Lazar is engaging in manufacture of wooden articles at 30/B Thiruvalluvar Nagar 1st Main road, Kodungaiyur Chennai 118 which is causing great noise pollution due to use of power operated machines. This is causing great inconvenience to the petitioner and his health is affected. The further plea of the petitioner is that the manufacturing activities by use of machines run by power is undertaken at the backyard of the residence and it is not duly licensed by the corporation. On these lines, a complaint has been given by the advocate of the petitioner on 11.4.2011. Since no action has been taken so far, the present writ petition has been filed. 4. Considering the above stated plea and the complaint which is duly acknowledged by the respondent, the respondent is directed to take necessary action in accordance with law. If any action is contemplated against the said person by name Mr.S.Lourdhusamy or any other person claiming to be the person engaged in manufacturing wooden articles by use of power in the said premises, they shall be duly noticed in accordance with the provisions of the Act before any further action is taken as per law, so as to avoid allegation of principles of natural justice. The complaint/representation of the petitioner shall be disposed of on merits and in accordance with law, preferably within two weeks from the date of receipt of a copy of this order. 5. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar ts To The Commissioner, Corporation of Chennai, Chennai-600 003. Order in W.P.No.10949 of 2011 PA {CO} TP/2.5.2011. https://hcservices.ecourts.gov.in/hcservices/