B. Santhakumari Amma v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU and M.P.(MD).No.1 of 2014 B.Santhakumari Amma ... Petitioner Vs.

1.The District Collector, Kanyakumari District at Nagercoil.

2.The Deputy Director of Public Health, Krishnankovil, Nagercoil, Kanyakumari District.

3.The Executive Officer, Vilavancode Town Panchayat, Vilavancode, Kanyakumari District.

4.Sohitaraj 5.Sreekumar ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 3

to take such necessary remedial action as against the respondents 4 and 5 herein from carrying on the business of slaughtering the animals and the birds and carrying on his business in poultry using it as for cutting and skimming the skin in the land bearing Door No.184/005/752 and take necessary action under Section 3(25) r/w 51(1) and 134 of the Tamil Nadu Public Health Act and Section 153 of the Tamil Nadu District Municipalities Act No.5 of 1920, and such appropriate and necessary action, within the time frame.

For Petitioner :Mr.J.Anandhavalli For Respondents :Ms.D.Farjana Ghoushia Special Government Pleader for R1 to R3 :Mr.S.Tirus for R4 & R5

O R D E R

This writ petition has been filed seeking for a Mandamus, directing the respondents 1 to 3 to take such necessary remedial action as against the respondents 4 and 5 herein from carrying on the business of slaughtering the animals and the birds and carrying on his business in poultry using it for cutting and skimming the skin in the land bearing Door No.184/005/752 and take necessary action under Section 3(25) r/w 51(1) and 134 of the Tamil Nadu Public Health Act and Section 153 of the Tamil Nadu District Municipalities Act No.5 of 1920.

2. The learned counsel for the 4th and 5th respondents submitted that pending this writ petition, they have stopped carrying on the business of poultry form in the said land. The District Health Supervisor attached to the 2nd respondent office had also addressed a letter to the Special Government Pleader intimating that the 5th respondent has closed his shop permanently.

3. In view of the submission made by the learned counsel for the 4th and 5th respondents and instructions received by the learned Special Government Pleader, no further adjudication is required to be made in this writ petition. Hence, the writ petition is closed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 24.01.2023 Index : Yes / No Speaking Order/Non Speaking Order sbn

To 1.The District Collector, Kanyakumari District at Nagercoil.

2.The Deputy Director of Public Health, Krishnankovil, Nagercoil, Kanyakumari District.

3.The Executive Officer, Vilavancode Town Panchayat, Vilavancode, Kanyakumari District.

K.KUMARESH BABU, J.

sbn and M.P.(MD).No.1 of 2014 24.01.2023