Packiyaselavan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.9716 of 2025 and W.M.P.No.10886 of 2025 Packiyaselavan ... Petitioner Vs.
1.The District Collector, Coimbatore District, Collectorate, 7/1, State Bank Road, Gopalapuram, Coimbatore - 641 018.
2.The Commissioner, Coimbatore City Municipal Corporation, Corporation Office, Raja Street, Town Hall, Coimbatore - 641 001.
3.The Commissioner of Police, Coimbatore City, No.62, Old Post Office Road, Gopalapuram, Coimbatore - 641 018.
4.The Joint Director, Western Region Fire and Rescue Department, Kovai South Fire and Rescue Services Bharath Bank Road, Page No.1 of 9
Coimbatore - 641 018.
5.The Food Safety Officer, Coimbatore, 219, Race Course Road, Coimbatore - 641 018.
6.The Tashildar, Coimbatore North Balasundaram Road, ATT Colony, Gopalapuram, Coimbatore - 641 018.
7.The Tamil Nadu Electricity Board Limited, Shop No.22, Subramaniam Road, R.S.Puram, Coimbatore - 641 002.
8.The Tamil Nadu Pollution Control Board, Coimbatore, Plot No.E55A, Sidco Industrial Estate, Pollachi Road Main Road, Kurchi, Coimbatore - 641 021.
9.The Sanitary Inspector, Office Of Coimbatore Corporation, Raja Street, Town Hall, Coimbatore 641 001.
10.Om Prakash 11.O.Sandeep Kapoor 12.O.Suraj Kapoor 13.Sumit Kapoor Page No.2 of 9
14.S.Nijas Ali ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the second respondent herein to consider the petitioner representation dated 11.02.2025 and to immediately seal the restaurant namely Hang Out operated by the 14th respondent for in the premises situated at Door No.33/34, Bharathi Park road, 7th Cross, Sai Baba Colony, Coimbatore.
For Petitioner :
Mr.Venkatasubban.K For Respondents 1,4,5 & 6 :
Mr.N.Naveen Kumar, Government Advocate For Respondents 2 & 9 :
Mr.Najeeb Usman Khan, Standing Counsel For Respondent 3 : Mr.R.Kishore Kumar, Government Advocate (Crl.Side) For Respondent 8 :
Mr.N.Suchidran For Respondent 7 :
Mr.L.Jai Venkatesh, Standing Counsel
O R D E R
This writ petition has been filed by the petitioner to direct the second respondent herein to consider the petitioner representation dated 11.02.2025 Page No.3 of 9
and to immediately seal the restaurant namely Hang Out operated by the 14th respondent for in the premises situated at Door No.33/34, Bharathi Park road, 7th Cross, Sai Baba Colony, Coimbatore.
2. The case of the petitioner is that he challenges the illegal operation of the restaurant "Hang Out", leased by the Respondents 10-13 to the 14th respondent, without mandatory licenses such as Fire, Food and Safety, Health Trade, and Environmental Clearance. The restaurant violates safety and hygiene norms, posing a threat to nearby residents, including the petitioner and his family. An RTI inquiry confirmed these violations, prompting the petitioner to issue a legal notice, which the respondents denied. A rejoinder notice was sent on 05.02.2025, followed by a representation dated 11.02.2025 to authorities, but no action was taken, leading to the present writ petition.
3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the second respondent to consider the petitioner's representation dated 11.02.2025 within a time frame to be fixed by this Court. Page No.4 of 9
4. Learned standing counsel appearing for the respondents 2 & 9 has no objection for the said order being passed by this Court.
5. Heard the learned counsel on either side and perused the materials available on record.
6. Considering the submission made by the learned counsel on either side, this Court directs the second respondent to consider the petitioner's representation dated 11.02.2025, after giving due notice to the petitioner as well as the 14th respondent, affording an opportunity of personal hearing, considering the documents filed both the parties on merits, in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed of with the aforesaid observation and direction. No costs. Consequently, connected miscellaneous petition is also closed.
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21.03.2025 (vm) Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The District Collector, Coimbatore District, Collectorate, 7/1, State Bank Road, Gopalapuram, Coimbatore - 641 018.
2.The Commissioner, Coimbatore City Municipal Corporation, Corporation Office, Raja Street, Town Hall, Coimbatore - 641 001.
3.The Commissioner of Police, Coimbatore City, No.62, Old Post Office Road, Gopalapuram, Coimbatore - 641 018.
4.The Joint Director, Western Region Page No.6 of 9
Fire and Rescue Department, Kovai South Fire and Rescue Services Bharath Bank Road, Coimbatore - 641 018.
5.The Food Safety Officer, Coimbatore, 219, Race Course Road, Coimbatore - 641 018.
6.The Tashildar, Coimbatore North Balasundaram Road, ATT Colony, Gopalapuram, Coimbatore - 641 018.
7.The Tamil Nadu Electricity Board Limited, Shop No.22, Subramaniam Road, R.S.Puram, Coimbatore - 641 002.
8.The Tamil Nadu Pollution Control Board, Coimbatore, Plot No.E55A, Sidco Industrial Estate, Pollachi Road Main Road, Kurchi, Coimbatore - 641 021.
9.The Sanitary Inspector, Office Of Coimbatore Corporation, Raja Street, Town Hall, Coimbatore 641 001.
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J.SATHYA NARAYANA PRASAD,J.
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