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Madras High CourtWP/9595/2025dismissed

Sharavanan v. The Station Office,

2025-03-24Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.10753 of 2025 Sharavanan ... Petitioner Vs.

1.The Station Office Fire & Rescue Station Vazhapadi Salem District.

2.Amit Educational & Charitable Trust Rep.by its Chairman P.Arumugam Railway Gate South Salem to Chennai NH Road Vaithiyagoundanpudhur Village Pethanaickampalayam Block Salem 636 115.

....Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the first respondents in Ref.Va.No.01/2024 dated 28.10.2024 and quash the same. For Petitioner : Mr.Gopalakrishnan For Respondents : Mr.V.Manoharan for R1 Additional Government Pleader

ORDER

This Writ Petition is filed with the prayer to call for the records on the file of the first respondent relating to the impugned order dated 28.10.2024 and quash the same.

2. The grievance of the petitioner as disclosed in the affidavit and as argued by the learned counsel appearing on behalf of the petitioner is that a School is run by the Trust and there seems to be a dispute between the petitioner as well as one P.Arumugam, who is arrayed as representing the second respondent with reference to who is in the management of the School. The contention of the petitioner is that there is absolutely no right on the part 2/5

of the said P.Arumugam and he has submitted a forged and incorrect document to obtain fire certificate for the School. The impugned order ought not to have passed at the behest of the second respondent.

3. I have also heard the learned Additional Government Pleader appearing on behalf of the first respondent.

4. I have considered the said arguments made by the learned counsel for the petitioner and perused the material records of the case.

5. It can be seen that there exists a dispute between the petitioner Sharavanan and the person who is representing the second respondent, namely P.Arumugam, with reference to the management of the school. That dispute, has to be resolved only in the Civil Court. It is stated that already O.S.No.168 of 2023 is pending before the District Munsif Court, Attur and another suit O.S.No.8 of 2024 is also pending on the file of the leaned Subordinate Judge, Salem. Therefore, the parties have to agitate their rights only in the pending suit and the Fire Officer is not an appropriate 3/5

Authority to decide their interstate disputes. Therefore, the only concern of the Fire Officer will be that whether the place is confirmed to the norms and he inspects and grants the certificate.

6. Therefore, leaving it open, the grievances of the petitioner against the second respondent to be agitated in the pending Civil Suits, the prayer in the present Writ Petition cannot be countenanced. As such, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

24.03.2025 (1⁄2) dna To The Station Office Fire & Rescue Station Vazhapadi Salem District.

4/5

D.BHARATHA CHAKRAVARTHY , J.

dna and W.M.P.No.10753 of 2025 (1⁄2) 24.03.2025 5/5