S.Vijaya v. The District Collector
2024:MHC:5665
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.01.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH S.Vijaya .... Petitioner Vs
1. The District Collector, O/o. District Collector Office, Kallakurichi District, Kallakurichi-606202.
2. The Deputy Director Department Health, Kallakurichi District, Kallakurichi-606202.
3. Block Health Supervisor, Government Primary Health Centre, Ariyur Health Centre, Ariyur-605 102.
4. Tahsildar, Thirukovilur Taluk, Thirukovilur - 605 757 .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to consider and pass order on the petitioner's application dated 04.10.2023 and issue sanitary certificate within the time frame fixed by this Hon'ble Court. 1 / 4
For Petitioner : Mr.R.Baskar For Respondents : Mr.A.Anandan Government Advocate
O R D E R
Mr.A.Anandan, learned Government Advocate accepts notice for the respondents and is armed with instructions to enable final disposal of this matter, even at the stage of admission.
2. The petitioner claims to be the owner of a marriage hall by name, Sri Vijayalakshmi Thirumana Mandapam, Cuddalore Main Road, T.Kunnathur Village, Tirukoilur Taluk, Villupuram District ('marriage hall'/'marriage hall in question'). She states that necessary certificates, such as NOC from Fire Service Department, Sanitary Certificate and Building Soundness certificate were also obtained. Her husband, who had purchased the land, constructed a marriage hall and managed the same, had passed away on 03.01.2020. On account of the difficulties caused by his sudden demise, the petitioner had not renewed the licence in time and thus, the sanitary certificate issued by the Tahsildar, Thirukovilur Taluk had expired on 31.08.2020.
3. While the petitioner claims to have extended all other certificates, the sanitary certificate has not been extended despite her application dated 04.10.2023 pending before R2/Deputy Director, Department of Health, Kallakurichi District for the same.
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4. R4 has issued two show cause notices dated 22.08.2023 and 08.11.2023 asking the petitioner to show cause why the marriage hall should not be sealed for want of sanitary certificate. Hence, this Writ Petition seeking a mandamus directing R2 to pass orders on the application dated 04.10.2023 expeditiously.
5. Mr.Anandan, learned Government Advocate would have no objection to this Court issuing mandamus as sought for.
6. Hence, mandamus is issued to R2 to consider application dated 04.10.2023, hear the petitioner, cause inspection of the marriage hall, if required, and dispose the same in accordance with law and all other applicable Rules and Regulations within a period of four (4) weeks from today, i.e., on or before 05.02.2024. The 4th respondent will, after 05.02.2024, verify whether the petitioner has obtained sanitary licence and take a call as to whether show cause notices are to be dealt with or not.
7. With this, this Writ Petition is disposed. No costs. 05.01.2024 Index : Yes/No Speaking Order:Yes sl 3 / 4
Dr.ANITA SUMANTH,J.
Sl To
1. The District Collector, O/o. District Collector Office, Kallakurichi District, Kallakurichi-606202.
2. The Deputy Director Department Health, Kallakurichi District, Kallakurichi-606202.
3. Block Health Supervisor, Government Primary Health Centre, Ariyur Health Centre, Ariyur-605 102.
4. Tahsildar, Thirukovilur Taluk, Thirukovilur - 605 757 05.01.2024 4 / 4