Madras High CourtWP(MD)/7457/2018disposed of

K.R.Saravanan v. The Joint Commissioner /

2022-02-18Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD).Nos.7457 to 7461 of 2018 and W.M.P(MD).Nos.7119 to 7123 of 2018 K.R.Saravanan on a different business at Door No.77, East Masi Street, Madurai not W.P(MD).No.7458 of 2018 P.Nagarajan 1/4

on a different business at Door No.32, Swami Sannathi Street, Madurai not causing any danger to the safety of the chariots placed at East Masi Street, Maduari.

For Respondent : Mr.V.R.Shanmuganathan W.P(MD).No.7459 of 2018 Mohammada Kani on a different business at Door No.78, East Masi Street, Madurai not For Petitioner : Mr.R.G.Shankar Ganesh W.P(MD).No.7460 of 2018 Balamurali 2/4

on a different business at Door No.81, East Masi Street, Madurai not For Petitioner : Mr.R.G.Shankar Ganesh For Respondent : Mr.V.R.Shanmuganathan W.P(MD).No.7461 of 2018 P.Kesavan on a different business at Door No.80, East Masi Street, Madurai not

ORDER

After hearing the learned counsel for the petitioner and the learned counsel for the respondents, this writ petition is disposed of in terms of the decision of the Hon'ble Supreme Court in S.Kumar Vs Commissioner and others vide order dated 08.04.2019 in Civil Appeal Nos.3461-3505 of 2019 (Arising out of S.L.P.(C) Noss3007-3051 of 2019).

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2. The Hon'ble Supreme Court considered the provisions of the HR&CE Act in the light of the fire accident in the temple and had reversed the order of the learned Single Judge of the Division Bench. The relevant portion of the Hon'ble Supreme Court in S.Kumar Vs Commissioner and others vide order dated 08.04.2019 in Civil Appeal Nos.3461-3505 of 2019 reads as under:

15. It is for this reason, we are inclined to allow these appeals, set aside the impugned order and grant liberty to the respondents to take recourse to the remedies provided to them against the appellants individually in relation to the controversy raised by them in these proceedings.

16. Needless to say, we have not gone into the merits of the claim raised by the appellants whether individually or/and severally. The respondents will, therefore, be at liberty to proceed in the matter in question against the appellants individually strictly in accordance with law uninfluenced by any observations made by this Court.

3. In view of the above, the impugned order stands quashed with a liberty to the respondents to initiate appropriate proceedings in accordance with law in terms of the above decision. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To W.P(MD).Nos.7457 to 7461 of 2018 18.02.2022 RD(03.03.2022) 4P 2C 4/4