Tenkasi Chamber Of Commerce v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.19374 of 2016 and W.M.P.(MD)No.13968 of 2016 Tenkasi Chamber of Commerce, Reg.No.1/1954, 18/25A, Samba Street, Tenkasi, Rep. by its Secretary, P.Paramasivan : Petitioner Vs.

1.The Government of Tamil Nadu, Through its Chief Secretary, Fort St. George, Chennai-600 006.

2.The District Collector, Tirunelveli.

3.The Assistant Superintendent of Police, Tenkasi.

4.The Thasildar, Tenkasi.

5.The Association of Kalyana Mandap, Through its Secretary, Tenkasi.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to strictly enforce the licensing conditions of Marriage Halls in Tamil Nadu in general and the respondents 2 to 4 in Tenkasi area in particular as per Tamil Nadu Buildings (Licensing) Act, 1965.

For Petitioner : Mr.J.Thomas Raja Durai For Respondents 1to4 : Mr.M.Govindan, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation with an innocuous prayer seeking a direction to the first respondent to strictly enforce the licensing conditions of Marriage Halls in Tamil Nadu in general and the respondents 2 to 4 in Tenkasi area, in particular, as per the Tamil Nadu Buildings (Licensing) Act of 1965.

2. This Writ Petition has come up today for admission. We have heard the learned counsel for the petitioner and the learned Special Government Pleader, taking notice for the respondents 1 to

4. We have also perused the records carefully.

3. A perusal of the affidavit filed in support of the Writ Petition would go to show that the petitioner has not given any specific instance, where a marriage hall has been used for a different purpose in violation of the conditions imposed in the licence granted. For enforcing an Act, Rule or Regulation, there cannot be a general direction issued by this Court, because, it is the duty of all concerned to enforce the Law. Therefore, the prayer made by the petitioner cannot be granted. The Writ Petition is, therefore, dismissed. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/ Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-600 006.

2.The District Collector, Tirunelveli.

3.The Assistant Superintendent of Police, Tenkasi.

4.The Thasildar, Tenkasi.

+1 cc to Special Government Pleader SR.No.60592 Order made in W.P.[MD].No.19374 of 2016 Dated: 05.10.2016 SMA/SKS-RR/17/10/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/