M.Iruthaya Sahayam, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.[MD].No.24561 of 2016 M.Iruthaya Sahayam : Petitioner Vs.
1. The District Collector, Kanyakumari District,
2. The Commissioner,
3. The Health Inspector,
4. The Deputy Director, Health Department, Krishnankovil, 5.I.Mohameed Safeek 6.Murugan : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to close down the Broiler chicken shop of the sixth respondent in door No.118, K.P.Road, Subbiah Pillai Compound, Chettikulam Junction, Nagercoil.
For Petitioner : Mr.K.Meenakshisundaram, For Mr.C.T.Perumal For Respondents 1,3 &4 : Mr.M.Govindan, Special Government Pleader For Respondent No.2 : Mr.P.Athimoolapandian For Respondent No.5 : Mr.S.R.Sathan Boopathy For N.Subramanian For Respondent No.6 : Mr.C.Godwin ********
O R D E R
*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to direct the respondents 1 to 4 to close down the Broiler Chicken Shop conducted by the sixth respondent at premises bearing Door No.118, K.P.Road, Subbiah Pillai Compound, Chettikulam Junction,
2. The learned Standing Counsel appearing for the Nagercoil Municipality, on instructions, submitted that the area in question is a commercial one, where there are several shops dealing with Broiler Chicken and other items of business. According to the learned Standing Counsel, the petitioner himself is conducting a Vulcanizing Shop very near to the premises, where the sixth respondent is doing business. The learned Standing Counsel submitted that the application submitted by the sixth respondent is pending before the Local Body. It is the contention of the learned Standing Counsel that there is no statutory violation by conducting Broiler Chicken Shop by the sixth respondent.
3. The petitioner himself is doing business at K.P.Road, Subbiah Pillai Compound, Chettikulam Junction, Nagercoil. We are informed that the said building is adjacent to the one, where the sixth respondent is doing business. It is nothing but personal rivalry between the petitioner and the sixth respondent. There is no element of public interest involved in this Writ Petition. We are, therefore, of the view that the Writ Petition is liable to be dismissed.
4. In the result, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Kanyakumari District,
2. The Commissioner,
3. The Health Inspector,
4. The Deputy Director, Health Department, Krishnankovil, +1cc to Spl.Government Pleader Sr.No.65239 +1cc to Mr.C.T.Perumal, Advocate Sr.No.64837 +1cc to Mr.N.Subramanian, Advocate Sr.No.65071 SML/MYR VB/JC/SAR2/19.07.2017/3P/8C Order made in W.P.[MD].No.24561 of 2016 11.07.2017