1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2011 CORAM: THE HON'BLE MS. JUSTICE K. SUGUNA AND THE HON'BLE MR. JUSTICE A. ARUMUGHASWAMY W.P. (MD) No. 1716 of 2011 & M.P. (MD) No.1 of 2011 Mrs. Lalitha : Petitioner vs. 1 The District Collector, Trichy District. 2 The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.25, Developed Plots, Thuvakudi, Trichy 620 015. 3 The Commissioner, Tiruchirappalli Corporation, Trichy – 620 001. 4 S. Sulthan Mohamed : Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to remove the wood-work run in the name of Welcome Wood Works at Plot No.67/Da, Sathyamurthy Street, Senthannirpuram, Trichy 4 run by the fourth respondent forthwith within a reasonable time. For petitioner Mr. B. Jameelarasu For R1 Mr. R. Janakiramulu, Spl. Govt. Pleader For R2 Mr. Raman Laal For R3 Mr. J. Parekh Kumar For R4 Mr. M. Subash Babu ORDER (Order of the Court was made by K. SUGUNA, J.) This writ petition is filed for the issue of a writ of a mandamus directing the official respondents to remove the wood work run in the name of “Welcome Wood Works” at Plot No.67/Da, Sathyamurthy Street, Senthannirpuram, Trichy - 4. 2. The case of the petitioner is that she is a resident of Sathyamoorthy Street, Senthannirpuram, Trichy and the fourth respondent herein is running a wood workshop at Plot No.67/D1, Sathyamurthy Street, Senthannirpuram, Trichy – 4. 3. According to the learned counsel for the petitioner, due to the nature of work carried on by the fourth respondent herein, i.e., cutting, designing, polishing the wood, there is noise pollution as well as air pollution; apart from this, this business is run by the fourth respondent herein without any licence from the concerned Municipality also; consequently, representations were submitted by the petitioner; however, https://hcservices.ecourts.gov.in/hcservices/ 2 they did not yield any result; hence, this writ petition is filed. 4. During the course of arguments, the learned counsel has also brought to the notice of this Court, the intimation given by the Tamil Nadu Pollution Control Board to the fourth respondent herein with regard to noise pollution and air pollution wherein it is pointed out that the same is located in a residential area and that the same has to be shifted to a non- residential area. 5. But, the above said order is not challenged by the fourth respondent on the ground that it is only a letter. But, in spite of repeated queries, the licence given to the fourth respondent by the Municipality for running the said business is also not produced before this Court. According to the learned counsel for the fourth respondent, the fourth respondent is running his business only in a small scale manner without causing any hindrance to anybody; consequently, there could not be any noise or air pollution. Based on these submissions, the learned counsel for the fourth respondent has sought dismissal of the writ petition. 6. We have considered the above submissions of the respective learned counsel. 7. Since no licence granted by the competent authority to the fourth respondent for running the said business in the said place is produced before this Court, the fourth respondent is directed to submit an application seeking licence to the third respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of such an application from the fourth respondent, the third respondent is directed to dispose of the same after affording a reasonable opportunity to the petitioner also within a period of six weeks thereafter in accordance with rules. In the event of the fourth respondent not applying for licence within the stipulated period, the authorities concerned are at liberty to proceed in accordance with law. With the above direction and observation, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1 The District Collector,Trichy District. 2 The District Environmental Engineer, Tamil Nadu Pollution Control Board, No.25, Developed Plots,Thuvakudi, Trichy 620 015. 3 The Commissioner,Tiruchirappalli Corporation,Trichy – 620 001. +1cc to Mr.M.Subash Babu, Advocate SR.No.13915 +1cc to Special Govt.Pleader SR.No.13955 +1cc to Mr.Raman Laal, Advocate SR.NO.13971 +1cc to Mr.P.Srinivas, Advocate SR.No.13857 cad W.P. (MD) No.1716 of 2011 PA/08.06.2011/2P/8C https://hcservices.ecourts.gov.in/hcservices/