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Madras High CourtWP/29219/2024dismissed

S.Vijaya v. The District Collector

2024-10-14Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.10.2024

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P.NO.29219 of 2024 S.Vijaya ... Petitioner Vs.

1. The District Collector, Kallakurichi District.

2. The Revenue Divisional Officer, Thirukovilur, Kallakurichi.

3. The Tahsildar, Thirukovilur Taluk, Thirukovilur.

4. S.Ayyanar

5. S.Narayanan

6. S.Ramadevi ....... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in respect of the order of the 3rd respondent in Na.Ka.No.A1/1255/2023 dated 29.08.2024 and quash the same and issue a direction to the 3rd respondent to renew the license No.14/2018 dated 14.03.2018 granted to Sri Vijayalakshmi Thirumana Mandapam R.S.No.66/2, Cuddalore Main Road, T.Kunnathur Village, Thirukoilur Taluk, Kallakurichi District. For Petitioners : Mr.R.Baskar For Respondents : Mr.U.Bharanidharan

ORDER

The writ petitioner seeks to quash the order of the 3rd respondent in Na.Ka.No.A1/1255/2023 dated 29.08.2024 and to issue a direction to the 3rd

respondent to renew the license No.14/2018 dated 14.03.2018 granted to Sri Vijayalakshmi Thirumana Mandapam R.S.No.66/2, Cuddalore Main Road, T.Kunnathur Village, Thirukoilur Taluk, Kallakurichi District.

2. It is the case of the petitioner that the petitioner's husband had purchased a property comprised in R.S.No.66/2 situated at T.Kunnathur Vilalge, Thirukovilur Taluk, Kallakurichi District and in which her husband constructed a marriage hall and named as Sri Vijayalakshmi Thirumana Mandapam and he had a license to run the marriage hall and also obtained necessary certificate from Fire service department, Sanitary Certificate, building soundness certificate etc., After his demise, the petitioner is managing the marriage hall and she has not renewed the license in time. However, she made application on 04.10.2023 to the Deputy Director of Health Department for issuance of NOC and no action was taken. In the meanwhile, the second respondent had issued two showcause notice on 22.08.2023 and 08.11.2023 for sealing the marriage hall.

Thereafter, the petitioner filed a writ petition before this Court and the same was ordered on 05.04.2024 with certain directions to the respondents. As per the direction of the second respondent, the petitioner had paid license fee and fine on 27.06.2024. Despite the payment of necessary charges, the respondent has not issued license for running the marriage hall. The third respondent rejected the petitioner's application on the flimsy ground that there is a delay of 3 years 11 months after expiry of license. Challenging the same, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that due to covid-19 and lake of attention after death of the petitioner's husband, the petitioner has not approached the authorities. The application was rejected only on the ground that the petitioner and the other legal heirs have not appeared before the authorities. The learned counsel further submitted that the petitioner is ready to appear before the authority in person. Hence, without interfering with the impugned order, this Court may direct the respondents to renew the license of the Marriage hall in the manner known to law.

4. The learned Government Counsel appearing for the respondents have not raised any objection and submitted that the application will be considered in the manner known to law.

5. Heard the learned counsel for the petitioner as well as the learned Government Counsel appearing for the respondents and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court without going into the merits of the case, permits the petitioner to appear before the Tahsildar within a period of two weeks from the date of receipt of a copy of this order and submitted a fresh

representation. Upon receipt of which, the Tahsildar shall re-visit the same and pass appropriate orders within a period of four weeks thereafter.

7. With the above directions, the writ petition stands dismissed. No costs. 14.10.2024 To:

1. The District Collector, Kallakurichi District.

2. The Revenue Divisional Officer, Thirukovilur, Kallakurichi.

3. The Tahsildar, Thirukovilur Taluk, Thirukovilur.

M. DHANDAPANI .J.

rli W.P.NO.29219 of 2024 14.10.2024