Madras High CourtWP(MD)/10727/2023disposed of

Muthumanikkam P v. The District Collector

2025-08-22Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN P.Muthumanikkam ... Petitioner Vs.

1.The District Collector, Ramanathapuram, Ramanathapuram District 2.The Deputy Director of Health Services, Ramanathapuram, Ramanathapuram District.

3.The Block Development Officer, Ramanathapuram, Ramanathapuram District 4.The President, Patinamkathan Panchayat, Ramanathapuram Union, Ramanathapuram District 5.The Inspector of Police, Kenikarai Police Station, Ramanathapuram District 6.Uma

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, i) Writ of Mandamus directing 1/6

the second respondent to issue the No objection certificate to run the VSL Oil and Flour Mill at 11/3312-9, 1st Street, Athmanatha Samy Nagar South, Patinamkathan Panchayat, Ramanathapuram District on the basis of the petitioner's representation dated 08.04.2023 within a time stipulated by this Honourable Court ii) Writ of Mandamus directing the fourth Respondent to issue the License to run the VSL Oil and Flour Mill at 11/3312-9, 1st Street, Athmanatha Samy Nagar South, Patinamkathan Panchayat, Ramanathapuram District on the basis of the petitioners representation dated 08.04.2023. For Petitioner : Mr.R.Shankar Ganesh For R1 to R4 : Mr.K.R.Badurus Zaman Government Advocate For R5 : Mr.M.Vaikkam Karunanidhi Government Advocate (Crl.Side)

ORDER

This writ petition has been filed for a writ of Mandamus to direct the second respondent and fourth respondent to issue the No objection certificate and licence respectively to run the VSL Oil and Flour Mill at 11/3312-9, 1st Street, Athmanatha Samy Nagar South, Patinamkathan Panchayat, Ramanathapuram District on the basis of the petitioner's representation dated 08.04.2023.

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2. An order has already been passed by this Court on 21.06.2023, whereby, the fourth respondent was directed to consider the petitioner's application in the light of the dismissal of the order passed by the Division Bench of this Court in the case of Uma Vs the District Collector, Ramanathapuram District and others (W.P(MD)No.28305 of 2022). The operative portion of the order reads as under: "A direction is given to the fourth respondent, the President, Patinamkathan Panchayat, Ramanathapuram District, to consider the application filed by the petitioner herein for commencing a Flour Mill and in this regard, may also take into account the order of the Division Bench of this Court in W.P(MD)No.

28305 of 2022, Uma-vsthe District Collector, District Collector Office, Ramanathapuram District and others, wherein the petitioner was the fourth respondent. The order of the Division Bench was dated 16.12.2022 and the writ petition was dismissed. The sixth respondent herein, who raised an objection was the writ petitioner. A direction is issued to the fourth respondent to now consider the application given by the petitioner and pass appropriate orders. Any order should be passed within a period of two weeks from the date of receipt of a copy of this order."

3. Though the respondents were directed to report compliance on 21.07.2023, till date no order has been passed.

4. The petitioner claims to be a small time operator, who wanted to start a flour mill for grinding oil, flour, chilli etc. However, the private respondent had opposed the same and had also approached the Division Bench of this Court by 3/6

way of Public Interest Litigation in W.P(MD)No.28305 of 2022. This Court by order dated 16.12.2022 had dismissed the writ petition filed by the sixth respondent.

5. It is noticed that despite the order dated 21.06.2023, the respondents have not come forward to implement the order.

6. Considering the same, there shall be a direction to the second respondent to issue a No Objection Certificate to the petitioner to run VSL Oil and Flour Mill and to direct the fourth respondent to issue a license to the petitioner. Since the certificate issued by the fire Service Department has already expired on 17.02.2024, the petitioner shall produce the fresh certificate. This exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

7. The writ petition stands disposed of. No costs. 22.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 4/6

To 1.The District Collector, Ramanathapuram, Ramanathapuram District 2.The Deputy Director of Health Services, Ramanathapuram, Ramanathapuram District.

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C.SARAVANAN, J.

sn 22.08.2025 6/6