BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2024 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.7424 of 2020 and W.M.P.(MD)No.6853 of 2020 V.Murugaiah ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Aringar Anna Maaligai, Madurai – 2.

2.B.Maheswari ... Respondents (R2 is impleaded vide order dated 18.11.2020 made in W.M.P.(MD)No.8745 of 2020 in W.P.(MD)No.7424 of 2020 by AQJ)

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the impugned notice issued by the respondent in Na.Ka.No.MaNa2/10629/19, WMP(MD) No.9552 of 2019 dated 14.02.2020 and quash the same as null and void, consequently direct the respondent to pass suitable order on the application of the petitioner dated 02.01.2020 in the light of the order passed in WP(MD) No.7463 of 2018 and WP(MD) No.13865 of 2019 dated 16.07.2019.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.S.Vinayak, Standing Counsel for R1. Mr.K.Pandiarajan for R2.

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 t