ORDER

Heard the learned counsel on either side.

2.The petitioner is running a tiny industrial unit at the petition mentioned premise. It is falling within Madurai Corporation limits. One Maheswari filed W.P.(MD)No.7463 of 2018 for directing the authorities to take effective steps to stop running of the industrial units in Tagore Nagar in Sellur. The writ petition was disposed of by a learned Judge of this Court on 16.07.2019 in the following terms:-

“25.In that view of the matter, this Court is inclined to pass the following directions, in these two writ petitions:-

“(i) that the private respondent in W.P(MD).No. 7463 of

2018 i.e., the seventh respondent, who is the petitioner in W.P(MD).No.13865 of 2019 shall give an application to the respondent Corporation seeking necessary permission/license under Section 361(4) of 17 the Madurai City Municipal Corporation Act, 1971, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such application from the seventh respondent/petitioner in W.P(MD).No. 13865 of 2019, the same shall be decided by the respondent corporation within a period of three months thereafter and accordingly, orders to be passed under Sub- Section 4 of Section 361 of the Act, either to grant permission sought for or to refuse the permission ;

(ii) Once such permission is granted, the seventh respondent/petitioner in W.P(MD).No.13865 of 2019 can continue to run the industry in that locality, where it is already located and once such permission is rejected, the said industry has to be shifted to some other suitable place ;

(iii) Apart from this, the respondent Corporation is directed to instruct the other industries, which have been pointed out by the inspection team as reflected in the report of the second respondent, located in that locality, to make such similar applications under Section 361 of the Madurai City Municipal Corporation Act and in those cases also, after getting an application within a period of two weeks from the date of such instructive information given, the respondent Corporation have to decide the respective application to be filed by those industries, within a period of three months thereafter and running of those industries also would depend upon the decision to be taken by the Corporation and such an application shall be filed by each of such industry within the time frame as stipulated above ;

(iv) In view of the aforesaid directions issued, the impugned order made in W.P(MD).No.13865 of 2019, dated 25.03.2019 by the City Health Officer, Corporation of Madurai, shall not be given effect to.

(v) In view of the said impugned order dated 25.03.2019 in W.P(MD).No.13865 of 2019 is kept in abeyance, the industry run by the petitioner in W.P(MD).No.13865 of 2019, who is the seventh respondent in W.P(MD).No.7463 of 2018 can also be permitted to run, till the decision, as indicated above, is taken by the respondent Corporation in the application to be submitted by the petitioner in W.P(MD).No.13865 of 2019 under Section 361 of the Act.

(vi) If the respondent Corporation ultimately decide to grant permission to any of these industries including the industries of the private respondents, conditions can be imposed, which includes the conditions with regard to the timings of the industry as to from which hour to which hour the industry can run. However, till such an imposition of condition, during the interregnum i.e., till the decision taken by the respondent Corporation, the industry of the seventh respondent in W.P(MD).No.7463 of 2018 and all other industries mentioned in the report of the second respondent, shall only be permitted to run between 09.00 a.m., and 05.00 p.m.,.

(vii)These directions shall be scrupulously followed by the parties concerned in these writ petitions and after having decided these issues, as indicated above, the respondent/Madurai Corporation shall file compliance report before this Court on

02.12.2019.”

3.The petitioner's case is that an applica