Murugesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2022

CORAM

The Honourable Mr. Justice P.N.PRAKASH and The Honourable Mrs. Justice R.HEMALATHA and CMP(MD) No.14664 of 2022 Murugesan ... Petitioner Vs 1.The District Collector The District Collector Office Trichy District 2.The Revenue Divisional Officer, The Revenue Divisional Office, Srirangam, Trichy District 3.The Tahsildar Srirangam Taluk Office, Trichy District 4.Harishkumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1 to 3 respondents herein from in any manner not to grant of any license in favour of the 4th respondent for running the open air theatre in the property

comprised in s.No.484/1B1 of an extent of 1.15.32 ares and 484/1A2 measuring an extent of 1.21.42 ares respectively situated at Navalur Kuttapattu Village, Srirangam Taluk, Trichy District on the basis of his representation dated 22.08.2022.

For Petitioner : Mr.B.Jameelarasu For Respondents : Mr.P.Thilak Kumar Government Pleader

ORDER

[Order of the Court was made by P.N.PRAKASH, J.] Alleging that the respondents 1 to 3 are likely to grant license to the 4th respondent for running an open air theatre in the property comprised in S.No.484/1B1, in Navalur Kuttapattu Village, the petitioner gave a representation dated 22.08.2022 and has filed the present public interest litigation on 24.08.2022 for a direction to the respondents not to grant a license.

2. Mr.B.Jameel Arasu, learned counsel for the petitioner, contended that the Tahsildar, Srirangam, has sent a report to the Revenue Divisional Officer, Srirangam for grant of license to the 4th respondent. He contended that the place where the open air theatre is likely to be set up is near to the

Nursing College and other public places.

3. As stated above, after having given the representation on 22.08.2022, even before the said representation could reach the authorities, the petitioner has filed the present public interest litigation on 24.08.2022. When we brought this to the notice of the learned counsel for the petitioner, he produced a communication dated 24.08.2022, according to which, the objections raised by the petitioner have been overruled by the Tahsildar, Srirangam. Be that as it may, the fact remains that license is yet to be granted and therefore, we cannot entertain this public interest litigation, in anticipation that the authorities would grant the said license to the 4th respondent. Hence, this writ petition is devoid of merits and the same is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

(P.N.P.,J.) (R.H.,J.) 30.08.2022 Index : Yes/No Internet : Yes RR

To 1.The District Collector The District Collector Office Trichy District 2.The Revenue Divisional Officer, The Revenue Divisional Office, Srirangam Trichy District 3.The Tahsildar Srirangam Taluk Office, Trichy District

P.N.PRAKASH,J.

and R.HEMALATHA,J.

RR 30.08.2022