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Madras High CourtWP/12725/2020dismissed

Star Briyani v. The Municipal Commissioner

2024-09-26Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.M.P.No.15722 of 2020 Star Biriyani Represented by its Partner Muneer Ahmed ... Petitioner Vs.

1.The Municipal Commissioner Ambur Municipality Thirupattur District.

2.The Health Department Ambur Municipality Thirupattur District.

3.Beef Biriyani Centre Kannigapuram, Ambur (T.K) Vellore, Tirupattur District Tamil Nadu - 635 802.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to close down the food establishment unauthorizedly carried on by the 3rd respondent in the name of BEEF BRIYANI CENTRE at Door no. Kannigapuram, Ambur (t.k) Vellore, Tirupattur District, Tami Nadu - 635802 and to forbear the 3rd respondent from carrying on business unauthorized against the provisions of the statute.

For the petitioner : Ms.V.Srimathi For the respondents : Mr.S.Arumugam, GA for RR1 & 2 Ms.S.Tamizharasi for R3

ORDER

This Writ Petition has been filed for a direction directing the 1st respondent to close down the food establishment unauthorizedly carried on by the 3rd respondent in the name of BEEF BRIYANI CENTRE at Door no. Kannigapuram, Ambur (t.k) Vellore, Tirupattur District, Tami Nadu - 635802 and to forbear the 3rd respondent from carrying on business unauthorized against the provisions of the statute.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents 1 and 2 and also perused the material records available on record.

3. It is seen that the petitioner is also running a Biriyani Centre in the name and style of 'Star Biriyani'. The 3rd respondent is the competitor for petitioner's Biriyani business. Therefore, the petitioner submitted representation stating that the 3rd respondent running a Biriyani Centre without any license. Since, both the petitioner and the 3rd respondent are doing the same business and

in order to wreck up vengeance, the petitioner might have given the representation before the authorities concerned. Therefore, the prayer as such sought in this Writ Petition cannot be granted.

4. Accordingly, this Writ Petition stands dismissed. However, the 1st respondent is directed to ensure that the petitioner as well as the 3rd respondent are running their business in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.

26.09.2024 Jer Index : Yes/No Internet : Yes/ No Speaking order / Non speaking order To 1.The Municipal Commissioner Ambur Municipality Thirupattur District.

2.The Health Department Ambur Municipality Thirupattur District.

G.K.ILANTHIRAIYAN, J., Jer

26.09.2024