Tmt.Pushpa Chinnaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P. No. 15885 of 2024

1. Pushpa Chinnaraj

2. Karthiga ... Petitioners Vs

1. The District Collector, Coimbatore District, Coimbatore.

2. The Tahsildhar, Annur Taluk, Coimbatore District.

3. The Commissioner, Annur Panchayat Union, Annur & Post, Coimbatore District.

4. The President, Kattampatty Village Panchayat, Annur Panchayat Union, Kattampatty, Coimbatore District.

5. C.Hari Sankar ... Respondents 1/6

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second to fourth respondents take appropriate action against the fifth respondent for running M/sA.A.Thirumana Mandapam at SF No. 292/2B, Ganesapuram, Muthalipalayam Road, Kattampatti Panchayat, Annur Taluk, Coimbatore District without Fire Safety License, Food Safety certificate and Sanitary certificate.

For Petitioner : Mr. S.Kamadevan For Respondents : Mr. N.Naveen Kumar, Government Advocate (for R1 & R2) Mr. G.Krishnaraja, Additional Government Pleader (for R3 & R4) Mr. Kingsly Solomon (for R5)

O R D E R

This Writ Petition has been filed, seeking direction to the second to fourth respondents to take appropriate action against the fifth respondent for operating M/s A.A. Thirumana Mandapam at S.F No. 292/2B, Ganesapuram, Muthalipalayam Road, Kattampatti Panchayat, Annur Taluk, Coimbatore District, without obtaining necessary Fire Safety License, Food Safety certificate, and Sanitary certificate. 2/6

2. Heard the learned counsel for both sides and perused the materials available on record.

3. The first petitioner is the wife of Chinnaraj, the second petitioner is her daughter. The fifth respondent is the son of the first petitioner. During his lifetime, the first petitioner's husband, viz., the said Chinnaraj, was the sole proprietor of M/s A.A. Thirumana Mandapam situated at S.F No. 292/2B, Ganesapuram, Muthalipalayam Road, Kattampatti Panchayat, Annur Taluk, Coimbatore District.

4. While that being so, the first petitioner's husband died on 10.06.2023. After his demise, the entire property owned by the first petitioner's husband devolved upon the petitioners and the fifth respondent. However, the fifth respondent, on his own and without obtaining any necessary licence or safety measures, runs the Marriage Hall, which was originally licensed in favour of the first petitioner's husband. Consequently, the petitioners lodged a complaint.

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5. The learned counsel for the fourth respondent submitted that, after the demise of his father, the fifth respondent has now applied for transfer of the licence in his name, and the same is pending.

6. In view of the above, the second respondent, being the licensing authority of the Marriage Hall, is directed to conduct an enquiry into the complaint lodged by the petitioners, after issuing notice to the petitioners and the fifth respondent and affording them an opportunity of hearing, and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected WMP is closed. 11.09.2024 Index:Yes/No kv 4/6

To

1. The District Collector, Coimbatore District, Coimbatore.

2. The Tahsildhar, Annur Taluk, Coimbatore District.

3. The Commissioner, Annur Panchayat Union, Annur & Post, Coimbatore District.

4. The President, Kattampatty Village Panchayat, Annur Panchayat Union, Kattampatty, Coimbatore District.

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G.K.ILANTHIRAIYAN, J.

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