Sri Kulanthayananda Swamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)Nos.18112, 18113 and 18114 of 2017 Sri Kulanthayananda Swamy Magalir Sirusemippu and Sikkana Nanaya Sangam, Represented by its President, Raajeshwari
...Petitioner
Vs 1.The District Collector, Madurai District, Madurai.
2.The Commissioner, The Corporation of Madurai, Aringnar Anna Maligai, Madurai - 625 002.
3.The City Health Officer, The Corporation of Madurai, Aringnar Anna Maligai, Madurai - 625 002.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari, to call for the entire records, relating to the impugned order, passed by the second 1/5
respondent vide his proceedings in MaVa3/30110/17 dated 21.11.2017 and to quash the same.
For Petitioner : Mr.M.S.Jeya Karthik For R-1 : Mr.R.Suresh Kumar Additional Government Pleader For R-2 : Mr.K.K.Kannan Advocate Commissioner: Mr.Y.Jegadeesh
O R D E R
Heard the learned counsels on either side.
2. The Writ Petition had been filed challenging the order of cancellation of the license given to the petitioner for maintaining the toilets at Southern side of the Periyar Bus Stand, Madurai.
3. The primordial contention of the petitioner is that no reasons have been assigned by the respondents while issuing the impugned order. The same has been contested by the respondents by alleging that the petitioner has not maintained the public toilet and therefore, the allotment was cancelled. When the matter was taken up for hearing, this 2/5
Court vide order dated 18.01.2024 had appointed one Mr.Y.Jagadeesh as Advocate Commissioner to ascertain the present condition of the toilet and file a report before this Court. A report had been filed by the learned Advocate Commissioner along with photos indicating that the toilets have not been maintained properly at all. While inspecting, he found that the floor of the Gent's toilet was severely damaged and was much worse in sanitation and hygiene than the women's toilet. He had indicated even it is very difficult to breathe inside the toilet.
4. The petitioner, being the Sangam, has been entrusted with the responsibility of maintaining the toilets in a public place, particularly upon receiving payment from the users of the public toilet. It is incumbent upon the petitioner to maintain the toilets in a hygienic condition. This Court also takes judicial notice of the fact that poorly maintained toilets can become breeding grounds for diseases. In such circumstances, even though the impugned order does not contain reasons that would necessitate interference, this Court is not inclined to interfere with the impugned order in this Writ Petition, in light of the specific report of the learned Advocate Commissioner.
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5. In fine, the Writ Petition fails and accordingly dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
04.12.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:
1.The District Collector, Madurai District, Madurai.
2.The Commissioner, The Corporation of Madurai, Aringnar Anna Maligai, Madurai - 625 002.
3.The City Health Officer, The Corporation of Madurai, Aringnar Anna Maligai, Madurai - 625 002.
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K.KUMARESH BABU , J.
Nsr 04.12.2024 5/5