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Madras High CourtWP(MD)/19264/2022dismissed

Kanistan .T v. The Home Secretary

2025-01-28Honourable Mr Justice G.K. Ilanthiraiyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN T.Kanistan ... Petitioner Vs 1.The Home Secretary, State of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2.The District Collector, Collectorate, Ramanathapuram, 3.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Paramakudi, 4.The Tahsidar, Ramanathapuram Tahsildar Office, 9R9M+325, Chalai Bazar, Ramanthapuram District 5.Health Inspector, Birth and Death Registrar, Govt Community Health Centre, Mandapam Town Panchayat, 6.The Executive Officer, Mandapam Town Panchayat, 1/6

7.The Inspector of Police, Mandapam Police Station 8.Murugesan 9.Kaniraj 10.Saravanan ... Respondents (RR 8 to 10 are impleaded vide order dated 16.09.2022 in W.M.P(MD)No.16184 of 2022) PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to consider and pass orders on the representation dated 08.06.2022 directing the respondents to permit the petitioner to carry on the fish catching business and dry the small varieties of fish and sell them in S.F.No.17/1/18/2 as per Patta No.2113 measuring about 2 acres.

For Petitioner : Mr.K.Neelamegam For RR 1 to 5 & 7: Mr.D.Gandhi Raj Special Government Pleader For R - 6 : Mr.D.Sachikumar For R - 7 : M/s.M.Aasha Government Advocate (Crl. Side) For RR 8 to 10 : Mr.M.Kannan 2/6

ORDER

This Writ Petition has been filed by the petitioner for a direction directing the respondents to consider the representation submitted by the petitioner dated 08.06.2022 seeking permission to carry on the fish catching business and dry and sell the same in the land comprised in S.F.No.17/1/18/2 situated at Thoppukadu, Koilvadi Mandalas, Ramanathapuram District.

2.The petitioner owned land comprised in S.F.No. 17/1/18/2 situated at Thoppukadu, Koilvadi Mandalas, Ramanathapuram District and doing business of dry fish. While being so, the petitioner submitted an application seeking permission to carry on the fish catching business and dry and sell the same. The subject land is situated in the residential area and as such, the adjacent residents are objected to the same. Therefore, the petitioner filed a suit in O.S.No.16 of 2019 for injunction as against the respondents 8 to 10 and the same was dismissed by judgment and decree dated 01.04.2024.

3.On instructions, the learned counsel appearing for the sixth respondent would submit that there are objections by the 3/6

neighbours and as such, the application submitted by the petitioner seeking permission cannot be considered. In view of the above, this Writ Petition is devoid of merits and it is liable to be dismissed. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

28.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Home Secretary, State of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.

2.The District Collector, Collectorate, Ramanathapuram, 3.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Paramakudi, 4.The Tahsidar, Ramanathapuram Tahsildar Office, 9R9M+325, Chalai Bazar, Ramanthapuram District 4/6

5.Health Inspector, Birth and Death Registrar, Govt Community Health Centre, Mandapam Town Panchayat, 6.The Executive Officer, Mandapam Town Panchayat, 7.The Inspector of Police, Mandapam Police Station 5/6

G.K.ILANTHIRAIYAN, J.

ps Order made in 28.01.2025 6/6