C.JOHN Vs The Commissioner

C.JOHN vs The Commissioner

Type Court Judgment Court Chennai Decided Apr 06, 2026

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Citation: sooperkanoon.com/1422046
Court: Chennai High Court
Judge: Honourable the Chief Justice,Honourable Mr.Justice G.Arul Murugan
Decided On: Apr 06, 2026
Case Number: WP/12384/2026

Parties & Advocates

Appellant / Petitioner

C.JOHN

Respondent

The Commissioner

Excerpt

.....as asthma and lung-related issuesamong the residents, including the petitioner’s uncle. the authorities have not taken any action till date and, therefore, this writ petition has been filed seeking a direction on the respondent authorities to decide the representation.4. learned counsel for respondents 1 and 2 submitted that the said representation of the petitioner would be considered by the competent authority on merits and in accordance with law.5. considering the facts and circumstances of the case, withoutexpressing any opinion on the merits of the case, respondents 2 and 4 are directed to consider the representation dated 03.12.2025 of the petitioner in accordance with law and pass a reasoned and speaking order, after giving reasonable opportunity of hearing to all the parties concerned. the said order be passed within a period of two months from the date of receipt of a certified copy of the order. writ petition is disposed of in the above terms. there shall be no order as to costs. consequently, the interim application stands closed. (sushrut arvind dharmadhikari, cj.) (g.arul murugan, j.) 06.04.2026 index : yes/no neutral citation : yes/no sra to1. the commissioner, the greater chennai corporation, ripon building, no:1131, evr periyar salai, park town, chennai 600 003.2. the asst. engineer corporation, zone-9, raja annamalaipuram, chennai.3. the district collector, chennai district, rajaji salai, 4th floor, 62, beach road, george town, chennai 600 001.4. the member secretary, tamilnadu pollution control board, no.76, mount road, guindy, chennai 600 032.5. the inspector of police, e-4, abiramipuram police station, sriram colony, annamalaipuram, chennai 600 018. the hon'ble chief justice andg.arul murugan, j.(sra) 06.04.2026

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.04.2026
CORAM
THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN and WMP No.13542 of 2026 C.John No.28, Cannal Bank Road, Raja Annamalaipuram, Mandavelli, Chennai-28. .. Petitioner -vs-
1. The Commissioner, The Greater Chennai Corporation, Ripon Building, No:1131, EVR Periyar Salai, Park Town, Chennai 600 003.
2. The Asst. Engineer Corporation, Zone-9, Raja Annamalaipuram, Chennai.
3. The District Collector, Chennai District, Rajaji Salai, 4th Floor, 62, Beach Road, George Town, Chennai 600 001.
4. The Member Secretary, Tamilnadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai 600 032.
5. The Inspector of Police, E-4, Abiramipuram Police Station, Sriram Colony, Annamalaipuram, Chennai 600 018.
6. Kothandam 22, Canal Bank Road, Raja Annamalaipuram, Mandaveli, Chennai 600 028.
7. Dilli.R 22, Canal Bank Road, Raja Annamalaipuram, Mandaveli, Chennai 600 028. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 2 and 4 to shut down or re-locate the operation of AUTO BODY PAINING AND TINERKING SHOP, spray painting and tinkering works on the public road or at the premises at No.22, Canal Bank Road, Raja Annamalaipuram, Mandavelli, Chennai-28, operated by respondents 6 and 7, by considering petitioner’s representation dated 03.12.2025, within the time that may be stipulated by this Court.

For Petitioner : Mr.I.Calvin Jones For Respondents : Mr.D.B.R.Prabhu Stdg. Counsel, for RR 1 and 2 : Mrs.E.Ranganayaki Addl. Govt. Pleader, for R-3 : Mr.V.Gnanasekar Stdg. Counsel, for R-4 : Mr.K.M.D.Muhilan Addl. Public Prosecutor, for R-5 *****

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard on admission.

2. Petition under Article 226 of the Constitution of India seeks a

writ of mandamus directing respondents 2 and 4 to shut down or re- locate the operation of Auto Body Painting and Tinkering Shop, spray painting and tinkering works on the public road or at the premises at No.22, Canal Bank Road, Raja Annamalaipuram, Mandavelli, Chennai-28, operated by respondents 6 and 7.

3. Learned counsel for the petitioner submitted that in this

regard, the petitioner has already submitted a representation on 03.12.2025 taking a plea that because of the painting (spray painting) autos and tinkering works undertaken by respondents 6 and 7, it involves release of toxic chemicals and paint particles into the open air, which led to severe breathing difficulties, suffocation and increased the

existing health ailments such as asthma and lung-related issues

among the residents, including the petitioner’s uncle. The authorities have not taken any action till date and, therefore, this writ petition has been filed seeking a direction on the respondent authorities to decide the representation.

4. Learned counsel for respondents 1 and 2 submitted that the said representation of the petitioner would be considered by the competent authority on merits and in accordance with law.

5. Considering the facts and circumstances of the case, without

expressing any opinion on the merits of the case, respondents 2 and 4 are directed to consider the representation dated 03.12.2025 of the petitioner in accordance with law and pass a reasoned and speaking order, after giving reasonable opportunity of hearing to all the parties concerned. The said order be passed within a period of two months from the date of receipt of a certified copy of the order. Writ petition is disposed of in the above terms. There shall be no order as to costs. Consequently, the interim application stands closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.) 06.04.2026 Index : Yes/No Neutral Citation : Yes/No sra To

1. The Commissioner, The Greater Chennai Corporation, Ripon Building, No:1131, EVR Periyar Salai, Park Town, Chennai 600 003.

2. The Asst. Engineer Corporation, Zone-9, Raja Annamalaipuram, Chennai.

3. The District Collector, Chennai District, Rajaji Salai, 4th Floor, 62, Beach Road, George Town, Chennai 600 001.

4. The Member Secretary, Tamilnadu Pollution Control Board, No.76, Mount Road, Guindy, Chennai 600 032.

5. The Inspector of Police, E-4, Abiramipuram Police Station, Sriram Colony, Annamalaipuram, Chennai 600 018. THE HON'BLE CHIEF JUSTICE AND

G.ARUL MURUGAN, J.

(sra) 06.04.2026

Same Court & Year Chennai · 2026 Same Parties C.JOHN vs The Commissioner Same Judge Honourable the Chief Justice,Honourable Mr.Justice G.Arul Mur...