Mohamed Siddique v. Ombudsman - Tamil Nadu

2024:MHC:4217

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Mohamed Siddique

...Petitioner

-Vs1. The Ombudsman - Tamil Nadu Local bodies, No.10, Anna Salai, Chennai - 600 032.

2. The Municipal Commissioner, Mayiladuthuri Municipality, Kamarajar Salai, Mayiladuthurai.

3. Bismi Restaurant, Door No.2D, Sate Bank Salai, Avayambalpuram, Mayiladuthurai Town.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 & 2 to take action under the provisions of the Tamil Nadu District Municipalities Act, 1920 and the Tamil Nadu Public Health Act, 1939 against the third respondent as third respondent is running the restaurant illegally at the risk of the lives and properties of the public at large

without complying with the provisions of those Acts and without license under any of the above mentioned Act.

For Petitioner : Mr.R.Rajendran For Respondents For R2 : Mr.V.Manoharan Additional Government Pleader

ORDER

This writ petition has been filed for direction directing the respondents 1 & 2 to take appropriate action as against the third respondent, who is running restaurant illegality and without any license. 2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.

Without expressing any opinion on merits of the writ petition, the second respondent is directed to conduct enquriy after issuance of notice to the petitioner and the third respondent and after affording an opportunity of hearing to them, pass orders on merits and in accordance with law, on the representation submitted by the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order, if not already disposed of.

4.

With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

19.09.2024 Index : Yes/No Speaking/Non Speaking order rts To

1. The Ombudsman - Tamil Nadu Local bodies, No.10, Anna Salai, Chennai - 600 032.

2. The Municipal Commissioner, Mayiladuthuri Municipality, Kamarajar Salai, Mayiladuthurai.

G.K.ILANTHIRAIYAN. J, rts 19.09.2024