S.P.Mohan Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-07-2025
CORAM
THE HONOURABLE MRS JUSTICE N.MALA S.P.Mohan Kumar S/o Late P. Shanmuga Sundaram, S.F. No.98/1, Krishna Nagar, nd Street, Uthukuli Road, Sarkar Periyapalayam, Opp. to Government Higher Secondary School, Tirupur 641 607.
Petitioner(s) Vs 1.The District Collector, Tirupur, Tirupur District.
2.The Block Development Officer, Sarkar Periyapalayam, Uthukuli, Tirupur District.
3.The President, Sarkar Periyapalayam Village Panchayat, Uthukuli, Tirupur District.
Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing respondents No.2 and 3 to grant a permission or license to the 1/6
petitioner for running his astrological service and other related services by considering his representation dated 02.07.2024 and pass such further orders. For Petitioner(s):
Mr.K.Myilsamy For Respondent(s):
M/S.P.Aishwarya, Government Advocate for R1 Mr.M.S.Arasakumar, Government Advocate for R2 & R3
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing respondents 2 and 3 to grant a permission or license to the petitioner for running his astrological service and other related services by considering his representation dated 02.07.2024.
2. The Petitioner is engaged in providing temple-related astrological services under the name and style of M/s. Sri Mangalyeswarar Jothida Nilayam & Salva Tamil Nerimuralgal Valipaatu Mandram at Uthukuli, Tiruppur District. He also offers free food to the needy and has obtained an FSSAI license valid till 28.06.2029, a certificate from the General Manager of the Tiruppur District Business Centre under the Small Scale and Cottage Industries Act, as well as 2/6
endorsements from the Revenue Inspector and the Village Administrative Officer. The third respondent has also issued a certificate in his favour after due inspection. The petitioner applied for a license/permission to run his services from the second and third respondents on 02.07.2024 and later submitted a representation to the first respondent on 02.09.2024. However, no action has been taken.
3. Learned counsel for the petitioner submits that despite complying with all necessary legal and procedural requirements and submitting relevant documents, the respondents have failed to consider his application for a license. He submits that this inaction is arbitrary, high-handed, and contrary to the Tamil Nadu Village Panchayat Act, which vests the authority to grant such licenses with second and third respondents. He further submits that there is no legal justification for the delay or denial and, having no alternative remedy, he seeks relief through this writ.
4. Learned Government Advocate appearing for respondents 2 and 3 would submit that the representation of the petitioner dated 02.07.2024 would 3/6
be considered on merits, in accordance with law, within a time frame stipulated by this Court.
5. Heard both sides and perused the materials available on record.
6. Without going into the merits of the case, the 2 nd respondent is directed to consider the representation of the petitioner dated 02.07.2024 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by the petitioner in regard to the subject matter property and pass appropriate orders on merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
In the result, the writ petition stands disposed of with the above observations and direction. No costs.
24-07-2025 cda/dsn 4/6
To 1.The District Collector, Tirupur, Tirupur District.
2.The Block Development Officer, Sarkar Periyapalayam, Uthukuli, Tirupur District.
3.The President, Sarkar Periyapalayam Village Panchayat, Uthukuli, Tirupur District.
5/6
N.MALA J.
cda/dsn 24-07-2025 6/6