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Madras High CourtWP(MD)/26141/2024dismissed

R.Muthumari v. The District Revenue Officer

2024-11-26Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.22147, 22149 & 22151 of 2024 R.Muthumari ... Petitioner Vs.

1. The District Revenue Officer, Madurai.

2. The Tahsildar, Thirupparankundram Taluk, Thirupparankundram, Madurai District.

3. The President, Nilayur Village Panchayat, Thirupparankundram Taluk, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the 1st respondent made in Application No. TN-6620241012171 and quash the same and consequently direct the 1st Respondent to grant temporary crackers license in favour of petitioner in respect of Shop No.1, Kaithari Nagar Shop, Nilayur Road, Thirupparankundram Taluk, Madurai District.

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For Petitioner : Mr.R.Murali For Respondents : Mr.S.Kameswaran (R1 & R2) Government Advocate

ORDER

Challenging the rejection of the petitioner's application seeking temporary cracker licence, this writ petition came to be filed.

2. The petitioner sought for grant of temporary cracker licence in her favour in respect of Shop No.1, Kaithari Nagar Bus Stop, Thirupparankundram Road, Nilaiyur, Madurai District.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that it is a panchayat shop, for which the learned Government Advocate appearing for the official respondents submitted that the building was very old, which was constructed by the erstwhile Panchayat president, without noticing the fact that the said place is a water body.

4. In view of the decision rendered by this Court in various cases, the respondents are bound to remove the encroachment in the water body. 2/4

Accordingly, the temporary licence for cracker licence in respect of the petitioner's shop situated in water body cannot be considered. Recording the same, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

26.11.2024 NCC : Yes / No Index : Yes / No Sm TO:-

1. The District Revenue Officer, Madurai.

2. The Tahsildar, Thirupparankundram Taluk, Thirupparankundram, Madurai District.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 26.11.2024 4/4