Adham Bava S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) No.15019 of 2025 S.Adham Bava ... Petitioner Vs

1. The District Collector, Madurai District.

2. The Commissioner of Corporation, Madurai.

3. The Commissioner of Police, Madurai.

4. The Tamil Nadu Pollution Control Board, Chennai 600 028.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to relocate the construction of Fish Market in the outskirts of the Madurai City and also to shift the dry fish market slaughter house to any other place beyond the residential limit by considering the 1/4

petitioner's representation dated 07.07.2025. For Petitioner :

Mr.G.Prabhu Rajadurai, For Respondent :

Mr.P.Thilak Kumar (R1) Government Pleader :

Mrs.S.Devasena (R2) :

Mr.T.Senthil Kumar (R3) Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ of mandamus has been instituted to direct the respondents to relocate the fish market construction of fish market in a particular location.

2.It is an administrative decision taken by the Corporation, which would not fall under the purview of the judicial review under Article 221 of the Constitution of India. If at all any inconvenience arises, the aggrieved person has to approach the authorities. Contrarily, this Court cannot issue direction to relocate the fish market in a particular place. Such decision has to be taken based on various factors. That being the 2/4

factum, the petitioner is at liberty to approach the authorities for redressal of his grievances if any exist.

3.Thus, the writ petition stands dismissed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[S.M.S., J.] [A.D.M.C., J.] 18.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No LR To The District Collector, Madurai District.

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S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

LR 18.07.2025 4/4