Velmurugan K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD) No.9911 of 2025 and W.M.P(MD) No.7377 of 2025 K.Velmurugan ... Petitioner Vs.

1. The District Collector, Dindigul District, Tamil Nadu.

2. The Commissioner, Dindigul Municipal Corporation, Dindigul District.

3. The Food Safety Officer, Food Safety and Drug Administration, Dindigul District.

4. The Inspector of Police, Dindigul North, Dindigul.

5. Veerammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the respondents 1 to 4 to forthwith enforce closure of the Butcher Shop / Motton Stall of the 5th respondent, pursuant to the cancellation of the license dated 25.02.2022, Page No. 1 of 4

under proceeding No. Nil, passed by the 2nd respondent and cancellation of license dated 18.11.2022, under proceeding Na.Ka. No.2308/2022, passed by the 3rd respondent and ensure the 4th respondent does not remain as an unlawful occupant upon the shop under T.S. No.203, D. No. 110, West Car Street, Dindigul, by considering the representation dated 31.12.2024.

For Petitioner : Mr. K.R.Laxman For Respondents For RR1 & 3 : Mr.S.Shanmuga Vel, Additional Government Pleader For R2 : Mr.Lawrance For R4 : Ms.M.Aasha Government Advocate For R5 : Mr.M.Rajarajan

O R D E R

The present writ petition is filed for Mandamus directing the respondents no.1 to 4 to forthwith enforce closure of the Butcher Shop / Motton Stall of the 5th respondent, pursuant to the cancellation of the license dated 25.02.2022, under proceeding No.Nil passed by the 2nd respondent and cancellation of license dated 18.11.2022 under proceeding Na.Ka. No.2308/2022 passed by the 3rd respondent, and ensure the 4th respondent does not remain as an unlawful occupant upon the shop under Page No. 2 of 4

T.S.No.203, D.No.110, West Car Street, Dindigul, by considering the representation dated 31.12.2024.

2. The petitioner is the owner of the land and the 5th respondent is running a Butcher Shop in the said land. Admittedly, there is a tenancy dispute between the petitioner and the 5th respondent. The petitioner has converted the writ jurisdiction under Article 226 of Constitution of India as rent control, which cannot be entertained. Hence, this Writ Petition is dismissed. However, if there is any violation, as per the Food Safety and Standards Act, 2006 and the Urban Local Body Act, the 2nd and 3rd respondent may act in accordance with law. Consequently, connected writ miscellaneous petition is closed. No costs. 09.06.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 3 of 4

S. SRIMATHY , J.

Mac To

1. The District Collector, Dindigul District, Tamil Nadu.

2. The Commissioner, Dindigul Municipal Corporation, Dindigul District.

3. The Food Safety Officer, Food Safety and Drug Administration, Dindigul District.

4. The Inspector of Police, Dindigul North, Dindigul.

W.P(MD) No.9911 of 2025 and W.M.P(MD) No.7377 of 2025 09.06.2025 Page No. 4 of 4