Madras High Court
A.Ayub Khan vs / on 9 August, 2019
Author: S.Manikumar
Bench: S.Manikumar
W.P.No.23323 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.23323 of 2019
W.M.P.No.23072 of 2019
A.Ayub Khan ...Petitioner
/versus/
1.The Commissioner,
Kancheepuram Municipality,
Kancheepuram – 631 502.
2.The District Collector,
Kancheepuram District,
Kancheepuram – 631 502.
3.The Commissioner of Municipal Administration,
VI Floor, Ezhilagam Annex Building,
Chepauk, Chennai – 600 005.
4.M.Nishar Basha, Proprietor,
Chicken and Mutton Shop,
27/8-B, Durgha Compound,
Sengaluneerodai Street,
(also known as Durgha Street),
Kancheepuram – 631 502. ...Respondents
Prayer: Writ petition is filed under Article 226 of Constitution of India
1/21
http://www.judis.nic.in
W.P.No.23323 of 2019
praying to issue a Writ of Mandamus directing the respondents 1 and 2 and 3
herein to consider the petitioner's various representations dated
15.02.2016, 02.07.2016, 09.06.2017, 11.08.2017, 13.02.2018, 08.01.2018,
05.09.2018, 08.10.2018, 14.01.2019 and 26.02.2019 and pass appropriate
orders thereon, on merits, closing down and sealing the mutton meat and
Chicken meat selling shops belonging to the respondent 4 herein and
located in Sengaluneerodai Street, (also known as Durgha street,
Kancheepuram).
For Petitioner : Mr.A.S.Vijayaraghavan
for Mr.S.Haja Mohideen Gisthi
For Respondent 1 : Mr.G.B.Rajesh
Government Advocate
For Respondents 2 and 3 : Mr.E.Manoharan
Additional Government Pleader
COMMON ORDER
(Order delivered by S.MANIKUMAR,J) The petitioner has sought for issuance of a Writ of Mandamus directing the respondents 1 to 3 to consider his representations dated 15.02.2016, 02.07.2016, 09.06.2017, 11.08.2017, 13.02.2018, 08.01.2018, 05.09.2018, 08.10.2018, 14.01.2019 and 26.02.2019 respectively and pass appropriate orders thereon, on merits, closing down and sealing the mutton 2/21 http://www.judis.nic.in W.P.No.23323 of 2019 meat and Chicken meat selling shops belonging to the respondent 4 herein, located in Sengaluneerodai Street (also known as Durgha street, Kancheepuram).
2. Considering the limited prayer sought for, Mr.G.B.Rajesh learned counsel for the Commissioner, Kancheepuram Municipality, Kancheepuram/first respondent was put on notice.
3. We have heard Mr.A.S.Vijaya Raghavan, learned counsel for the petitioner, Mr.G.B.Rajesh, learned counsel for the first respondent and Mr.Akhil Akbar Ali, learned Government Advocate for second and third respondents. As prayer sought for and submissions made are similar, writ petitions are taken up together and disposed of by a common order.
4. Though Mr.A.S.Vijaya Raghavan, learned counsel for the petitioner has submitted that no action is taken on the representations and thus the petitioner was constrained to prefer the instant petitions, we are not inclined to accept the same, for the reason that acting on the representations, inspection has been done on 19.02.2019 and that by proceedings Na.Ka.001554 dated 11.02.2019, notice has been issued under 3/21 http://www.judis.nic.in W.P.No.23323 of 2019 Sections 235, 236, 249, 250 r/w 313 of Tamil Nadu District Municipalities Act, 1920. For brevity notice dated 11.02.2019 is extracted hereunder.
Notice R.C.No.001554 date 11.02.2019 issued under Section 235, 236, 249 250 r/w 313 of The Tamil Nadu Distrit Municipalities Act 1920 The following defects have been found when inspection was conducted by Municipal Sanitary Inspector on 19.02.2019 at 10.00 hours at Ward No.5, Door No.8A, Senkazhuneere Odai Street, Kancheepuram – 631 501 within the boundaries of Kancheepuram Municipality.
(1) In perches of meat shopswhere poultry are kept, chicken stool and wastages are not removed quite often resulting stinking smell / bad odor and disinfectant not done.
(2) Wastages like bone of the meat, feather are not kept in closed vessel due to which lot of flies and insects were found. (3) The food which is coming from flies resulting in spreading of infectious diseases.
(4) Cobwebs are found at roof of the meat shop. (5) License for running meat shop was not obtained for current year. (6) License not obtained for current year butcher. (7) Butcher not having Medical Certificate. (8) For machines, license not obtained for current year. (9) For refrigerator license not obtained for current year. (10) Correct information not provided with regard to sewerage connection for meat shop.
(11) Cleanliness not maintained in the place (state) where butch is carried out.
(12) For meat shops, white washing not done once in six months.
The above defects are to be rectified within seven days from 4/21 http://www.judis.nic.in W.P.No.23323 of 2019 the date of receipt of this notice and a written explanation along with evidence to be submitted directly to the officer who has signed below. This is to inform that in case the above is not complied with, legal action will be taken against you under Section 157, 235, 236, 240, 249, 250 r/w 313 of the Tamil Nadu District Municipalities Act 1920.
Sd/-............., Commissioner (incharge), Kancheepuram Municipality.
To Thiru.A.Samad (51 years), S/o.K.S.Ali, 29, Senkazhuneer Odai Street, Kancheepuram.
5. Sections 235, 236, 249 , 250 r/w 313 of the Tamil Nadu District Municipalities Act 1920 are extracted hereunder:-
CONTROL OVER INSANITARY BUILDINGS
235. Limewashing and cleansing of buildings .— The [Executive Authority], if it appears to him necessary for sanitary purposes so to do, may by notice require the owner or occupier of any building to limewash or otherwise cleanse the building inside and outside in the manner and within a period to be specified in the [notice]
236. Further powers with reference to insanitary buildings .—(1) Whenever the [Executive Authority] considers —
(a) that any building or portion thereof is, by reason of its having no plinth, or having a plinth of insufficient height, or by reason of the want of proper drainage or ventilation or by reason of the impracticability of cleansing, attended with danger of disease to the occupiers thereof or to the inhabitants of the neighbourhood, or is, for any reason, likely to endanger the public health or safety, or
(b) that a block or group of buildings is, for any of the said reasons, or by reason of the manner in which the buildings are crowded together, attended with such risk as aforesaid, he may by notice require the owners or occupiers of such buildings or portions of buildings or at his option, the owners of the land occupied by such buildings or portions of buildings, to execute such works or to take such measures as he may deem necessary for the prevention of such danger.
(2) No person shall be entitled to compensation for damages sustained by reason of any action taken under or in pursuance of this section save when a building 5/21 http://www.judis.nic.in W.P.No.23323 of 2019 is demolished in pursuance of an order made hereunder, or so far demolished as to require re-construction, in which cases the Municipal Council shall make compensation to the owner thereof.
(3) When any building is entirely demolished under this section and the demolition thereof adds to the value of other buildings in the immediate vicinity, the owners of such other buildings shall be bound to contribute towards the compensation payable to the owner of the first-named building in proportion to the increased value acquired by their own property.
(4) When any building is so far demolished under this section as to require reconstruction, allowance shall be made in determining the compensation for the benefit accruing to the premises from the improvement thereof.
INDUSTRIES AND FACTORIES
249. Purposes for which places may not be used without licence. — (1) The Council may publish a notification in the district gazette and by beat of drum that no place within municipal limits or at a distance within three miles of such limits shall be used for any one or more of the purposes specified in schedule V without the (licence of the executive authority) and except in accordance with the conditions specified therein:
Provided that no such notification shall take effect
(a) until sixty days from the date of publication, and
(b) except with the previous sanction of the [State Government] in any area outside the municipal limits.
(2) The owner or occupier of every such place shall, within thirty days of the publication of such notification, apply to the [Executive Authority] for a licence for the use of such place for such purpose.
(3) The [Executive Authority] may, by an order and under such restrictions and regulations as he thinks fit, grant or refuse to grant such licence.
(4) Ever such licence shall expire at the end of the year unless for special reasons the [Executive Authority] considers it should expire at an earlier date, when it shall expire at such earlier date as may be specified therein.
(5) Applications for renewal of such licences shall be made [not less than thirty and not more than ninety days] before the end of every year and applications for licences for places to be newly opened shall be made [not less than thirty and not more than ninety days] before they are opened.
[(6) Where a licence is granted or renewed under this section for the use of any place outside the municipal limits, the Municipal Council shall pay to the panchayat, if any, having jurisdiction over such place, or if there is no such panchayat, to the district board having such jurisdiction, such portion of the fee received for the grant or renewal of the licence as the [State] Government may, by general or special order, direct.
250. Application to be made for construction, establishment or installation of factory, workshop or work-place in which steam or other power is to be employed .— (1) Every person intending — 6/21 http://www.judis.nic.in W.P.No.23323 of 2019
(a) to construct or establish any factory, workshop or work-place in which it is proposed to employ steam-power, water-power or other mechanical power or electrical power, or
(b) to install in any premises any machinery or manufacturing plant driven by steam, water or other power as aforesaid, [not being machinery or manufacturing plant exempted by rules] shall, before beginning such construction, establishment or installation, make an application in writing to the Municipal Council for permission to undertake the intended work.
(2) The application [shall specify the maximum number of workers proposed to be [...] employed [on any day] in the factory, workshop, work-place or premises and shall be accompanied by
(i) a plan of the factory, workshop, work-place or premises prepared in such manner as may be prescribed by rules made in this behalf by the [State Government], and
(ii) such particulars as to the power, machinery, plant or premises as the Municipal Council may require by by-laws made in this behalf.
(3) The Municipal Council shall, as soon as may be after the receipt of the application -
(a) grant the permission applied for, either absolutely or subject to such conditions as it thinks fit to impose ; or
(b) refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance.
[(4) Before granting permission under sub-section (3), the Municipal Council
(a) shall [if more than nine workers are proposed to be [...] employed [on any day] in the factory, workshop, work-place or premises] obtain the approval of the Inspector of Factories appointed under the Indian Factories Act, 1911 (Central Act XII of 1911), having jurisdiction in the area of the Municipality, or if there is more than one such Inspector, of the Inspector designated by the [State Government] in this behalf by general or special order, as regards the plan of the factory, workshop, work- place or premises with reference to —
(i) the adequacy of the provision for ventilation and light ;
(ii) the-sufficiency of the height and dimensions of the rooms and doors ;
(iii) the suitability of the exits to be used in case of fire ; and
(iv) such other mattes as may be prescribed by rules made by the [State Government]; and
(b) shall consult and have due regard to the opinion of the municipal health officer where the Municipal Council employs such an officer and of the [District Health Officer] in other cases, as regards the suitability of the site of the factory, workshop, work-place or premises for the purpose specified in the application].
(5) More than nine workers shall not be [...] employed [on any day] in any factory, workshop, work-place or premises, unless the permission granted in respect thereof under sub-section (3) authorises such employment, or unless fresh permission authorising such employment has been obtained from the Municipal Council. Before granting such fresh permission, the Council shall obtain the approval of the Inspector of Factories referred to in clause (a) of sub-section (4) as regards the plan of the 7/21 http://www.judis.nic.in W.P.No.23323 of 2019 factory, workshop, work-place or premises, with reference to the matters specified in that clause.
(6) The grant of permission under this section —
(a) shall, in regard to the replacement of machinery, the levy of fees, the conditions to be observed and the like, be subject to such restrictions and control as may be prescribed ; and
(b) shall not be deemed to dispense with the necessity for compliance with the provisions of sections 197 and 199 or sections 208 and 209, as the case may be. Explanation .— The word "worker" in sub-sections (2), (4) and (5) shall, in relation to any factory, work-shop, work-place or premises, have the same meaning in the Factories Act, 1934. (Central Act XXV of 1934)1 ] (7) Save as otherwise specially provided in this Act, if orders on an, application for permission under sub-section (1) are not received by the applicant within sixty days after the receipt of the application by the Executive Authority, permission shall be deemed to have been granted subject to the law, rules, by-laws, regulations and all conditions ordinarily imposed.
(8) Nothing contained in clause (a) of sub-section (4) and sub-section (5) shall apply if the approval to the factory, work-shop, work-place or premises referred to therein, has already been obtained under the provisions of any law relating to factories for the time being in force.
6. In addition to the above, Commissioner (Incharge) Kanchepuram Municipality, Kanchepuram has also sent a letter in R.C.No.001554 dated 19.02.2019 to the State Information Commissioner, State Information Commission, Chennai that field inspection has been conducted by the Public Health Section and notices have been given. Copy of the said information sent to Mr.A.Ayub Khan, petitioner herein. Letter dated 19.02.2019 reads thus:-
Municipal Administration & Water Supply Department From To Thiru.K.Magendiran, B.E., The State Information, Engineer – Municipal Admn. Commissioner, & Commissioner (Incharge), State Information Commission, 8/21 http://www.judis.nic.in W.P.No.23323 of 2019 Kancheepuram Municipality No.2, Thyagarayar Street, Kancheepuram. Teynampet, Chennai – 600 018.
R.C.No.001554 date 19.02.2019 Sir, Ref Public Health – Kancheepuram Municipality – Submission of particulars regarding action taken on the shops situated at Ward No.5, Senkazhuneer Odai Street which, is degrading public health and creating inconvenience to public coming to place of worship – Reg.
Sub Letter R.C.No.00154 dated 11.02.2019 from the petitioner A.Ayubkhan, Ward No.5, No.77, Senkazhuneer Odai Street.
In the letter under reference it has been stated mutton shops situated at Asarat Syedshah, Amid Avuliya Street, Ward No.5, No.77, Senkazhuneer Odai Street is creating inconvenience to general public and people coming from outstations fro worshipping at Dargah and degrading public health. With reference to the above complaint, field inspection has been conducted by Kancheepuram Municipality Public Health Section. Based on the above inspection, as per Public Health Rules proper notice have been sent and precautionary action has been taken to prevent degradation of public health. Further, letter has been sent to the Food Safety Officer and Revenue Divisional Officer for taking necessary action and this is to inform that further action is being taken.
Sd/-........., 19.02.2019, Commissioner (incharge), Kancheepuram Municipality.
Enclosures : Copy of above letters.
9/21http://www.judis.nic.in W.P.No.23323 of 2019
7. In addition to the above, the Commissioner, Kancheepuram Municipality, Kancheepuram/first respondent has also addressed a letter in R.C.No.001554 dated 19.02.2019 to the Food Safety Officer, Office of the Joint Directorate, Kancheepuram requesting to take action. Letter dated 19.02.2019 reads thus:-
Municipal Administration & Water Supply Department From To Thiru.K.Magendiran, B.E., The Food Safety Officer, Engineer – Municipal Admn. Office of the Joint & Commissioner (Incharge), Directorate, Kancheepuram Municipality No.77, Senkazhuneer Odai St., Kancheepuram. Kancheepuram.
R.C.No.001554 date 19.02.2019 Sir, Ref Public Health – Kancheepuram Municipality - Ward No.5, Senkazhuneer Odai Street – Chicken and Mutton shops are situated in such a way degrading public health - Complaint regarding the above – Request to take action - Reg.
(2)Letter R.C.No.00154 dated 11.02.2019 from A.Ayubkhan, Ward No.5, No.77, Senkazhuneer Odai Street.
In the letter under reference it has been stated mutton shops situated at Asarat Syedshah, Amid Avuliya Street, Ward No.5, No.77, Senkazhuneer Odai Street is degrading public health.
In order to take necessary action on the above referred mutton shops through Kancheepuram Municipality, Public Health Section as stated in Chapter 12 of the Tamil Nadu Public 10/21 http://www.judis.nic.in W.P.No.23323 of 2019 Health Act 1938, thereafter as per the existing the Food Safety and Standards Act 2006 Chapter 12 has been removed, and provision has been made for taking action under the Food Safety and Standards Act 2006. Hence, action to be taken by Food Safety Department on the mutton shops situated in the above area and kindly communicate details of action taken to Municipality.
Copy The Town Welfare Officer : submitted for information Kancheepuram Municipality Copy to file.
Sd/-........., 19.02.2019, Commissioner (incharge), Kancheepuram Municipality.
Enclosures :
1) Copy of above petition.
2) Copy of Notice sent through Municipality.
8. Vide proceedings in R.C.No.001554 dated 19.02.2019, Commissioner (In charge), Kancheepuram Municipality, Kancheepuram has requested the Revenue Divisional Officer, Kancheepuram to take action.
Commissioner (In charge), Kanchepuram Municipality, Kanchepuram has also enclosed the field inspection report and the complaint, which is reproduced hereunder:-
Municipal Administration & Water Supply Department From To Thiru.K.Magendiran, B.E., The Revenue Divisional Officer, 11/21 http://www.judis.nic.in W.P.No.23323 of 2019 Engineer – Municipal Admn. Office of the District Collectorate, & Commissioner (Incharge), Kancheepuram. Kancheepuram Municipality Kancheepuram.
R.C.No.001554 date 19.02.2019 Sir, Ref Public Health – Kancheepuram Municipality – Petition for taking action taken on the shops situated at Ward No.5, Senkazhuneer Odai Street which is degrading public health and creating inconvenience to public coming to place of worship – Reg.
Sub Letter R.C.No.00154 dated 11.02.2019 from the petitioner A.Ayubkhan, Ward No.5, No.77, Senkazhuneer Odai Street.
In the letter under reference it has been stated mutton shops situated at Asarat Syedshah, Amid Avuliya Street, Ward No.5, No.77, Senkazhuneer Odai Street is creating inconvenience to general public and people coming from outstations for worshipping at Dargah and degrading public health. Further to the above complaint, field inspection has been conducted since there is a possibility affecting public health to the people living in that area and to people coming to Dargah for worshipping, traffic issue and law & order, it is requested to take action through Revenue Divisional Officer, Filed Inspection Report and Complaint is enclosed herewith.
Sd/-........., Commissioner (incharge), Kancheepuram Municipality.
Enclosures : As stated above.
Copy to The District Collector, Kancheepuram : Submitted for kind information.
9. Not satisfied with the Information given, the petitioner seems to 12/21 http://www.judis.nic.in W.P.No.23323 of 2019 have filed an appeal in case No.4490/2017 to the Tamil Nadu Information Commission, Chennai and after hearing the petitioner, and perusal of documents, Tamil Nadu Information Commission, by order dated 21.02.2019, in case No.4490/2017, has directed the Commissioner, Kancheepuram Municipality, to make a field visit along with the Officers of Public Health Section and other appropriate officers and to take necessary action within 15 days from the date of receipt of the letter. Order in case No.4490/2017 dated 21.02.2019 on the file of Tamil Nadu Information Commission, Chennai reads thus:-
Tamil Nadu Information Commission No.2, Thyagarayar Street, Near Alaiyamman Koil Teynampet, Eldams Road Junction, Chennai – 600 018.
Telephone : 044 – 24347590
Order date 21.02.2019 after noon
Present: Thiru.S.Muthuraj, B.A., B.L.,
State Information Commissioner
Case No.4490 / 2017
A.Ayub Khan .. Petitioner / Appellant
vs
The Public Information Officer,
Kancheepuram Municipality,
Kancheepuram,
Kancheepuram District.
ORDER
The petitioner had submitted a application under Section 6(1) of the Right to Information Act 2005, to the Public Information Officer, 13/21 http://www.judis.nic.in W.P.No.23323 of 2019 Municipal Administration and Water Supply Department and requested to provide copies of all the information, plan under 4 types, if license has been issued for running meat shops viz., Bismilla Chicken Center, at Door No.13/79, Senkazhuneer Odai Street, Ward No.5, Kancheepuram. This letter has been transferred under Section 6(3) to the Public Information Officer, Kancheepuram Municipality vide letter dated 28.12.2016. Since the requested information has not been provided within the stipulated period, there after first appeal dated 15.02.2017 was sent to Appellate Officer, Municipal Administration and Water Supply Department under Section 19(1) of the Act. This petition was also transferred to Kancheepuram Municipality vide letter dated 06.04.2017. Thereafter, under Section 19(3) of the Act, Second Appeal dated 09.12.2016 was sent to this Commission stating lesser information has been provided, requested to get complete information and provide the same to him. Enquiry was held on this appeal.
(2) The Petitioner, Thiru.P.Muthu, Town Welfare Officer, Thiru.Mohammed Iqbal, Health Inspector and Tmt.Lakshmi Priya, Health Inspector, Kancheepuram Municipality have appeared for the enquiry. (3) The Petitioner who had appeared for the enquiry made arguments that, he is unable to live in his house; in violation of rules meat shops is functioning in residential area due to which public health is severely degraded; unable to sleep even during night; unable to live peacefully in the residential place; due to deterioration of public health his children are affected; about 5 years he has been making complaints through letters and holding dharna; in this regard only he has sought information under Right to Information Act and he is not satisfied with the information provided. The above referred Welfare / Health Officers who have appeared for interview had stated that; based on the complaints received regarding deterioration of public health, direct field inspection has been conducted, proper notive have been sent and precautionary measures have been taken so that residents of that area 14/21 http://www.judis.nic.in W.P.No.23323 of 2019 are not affected due to deterioration of public health; letters have been sent to the concerned Food Safety Officer, Revenue Divisional Officer for taking necessary action and further continuous action is being taken; notice under Section 235, 236, 249, 250 r/w 313 of Tamil Nadu District Municipalities Act 1920 have been sent to Thiru.A.Samad and Thiru.M.Sardar; and submitted copy of letter dated 19.02.2019 sent to the Revenue Divisional Officer, copy of letter dated 19.02.2019 sent to the Food Safety Officer, Kancheepuram. The petitioner alleged that even after above letter activities degradation of public health is continued.
(4) In that situation, the Commissioner, Kancheepuram Municipality is directed to make field visit along with Officers of Public Health Section and other appropriate officers and take necessary action within 15 days from the date of receipt of this letter and send action taken in information format to this Commission and to the Petitioner. (5) This is to inform that based on the information that will be submitted by the above Commissioner, further action will be taken.
Sd/-........., S.Muthuraj, State Information Commissioner.
/By Order of the Commission / Sd/-.........., Assistant Registrar.
10. By proceedings in R.C.No.1554/2019/H1 dated 01.03.2019 Commissioner (Incharge) Kanchepuram Municipality, Kanchepuram has written a letter to the writ petitioner stating Mr.A.Ayubkhan that notices 15/21 http://www.judis.nic.in W.P.No.23323 of 2019 have been issued to the shop owners and action has been taken. Letter dated 01.03.2019 addressed to the writ petitioner reads thus:-
By R.P.A.D. Municipal Administration & Water Supply Department From To Thiru.K.Magendiran, B.E., A.Ayubkhan, Engineer – Municipal Admn. Muthavalli & Commissioner (Incharge), No.77, Senkazhuneer Odai Kancheepuram Municipality Street.
Kancheepuram.
R.C.No.001554 date 19.02.2019 Sir, Ref (1) Letter dated 08.10.2016 from A.Ayubkhan No.77, Senkazhuneer Odai Street, Kancheepuram – 631 502.
(2) Application dated 28.02.2019 from A.Ayubkhan No.77, Senkazhuneer Odai Street, Kancheepuram – 631 502.
As per the petition under reference (1) from A.Ayubkhan No.77, Senkazhuneer Odai Street, an inspection was conducted on 19.02.2019 at Kancheepuram Municipality, Public Health Ward No.5 and notice have been issued to concerned meat shop holders. This is also to inform that further action is being taken. A copy of the action taken through Municipality is being enclosed and sent along with this letter.
Enclosure:
(1) Copy of the letter sent to State Information Commission. (2) Copy of the letter sent to Department of Food Safety. (3) Copy of the letter sent to the Revenue Divisional Officer. (4) Copy of the notice sent to concerned meat shop holders.
Copy 16/21 http://www.judis.nic.in W.P.No.23323 of 2019 The Town Welfare Officer : submitted for information Kancheepuram Municipality, Copy to file.
Sd/-........., 01.03.2019, Commissioner (incharge), Kancheepuram Municipality.
11. Materials on record further shows that the Designated Officer, Food Safety Section, Kancheepuram District, Kanchepuram, Tamil Nadu Food Safety and Drug Administration Department, Kanchepuram District has also written a letter to the Commissioner (In-charge), Kanchepuram Municipality, Kanchepuram that advice has been given to the shop owners to keep their shops in a neat and clean condition, besides the Designated Officer, Food Safety Section, Kancheepuram has also stated that notice under Section 63 of Food Safety Act, 2006 has been issued to the shop owners, who do not possess necessary licence. Letter dated 07.03.2019 addressed to the Commissioner (In-charge), Kancheepuram Municipality, Kancheepuram reads thus:-
From To
Thiru. K.Magendiran, B.E., A.Ayubkhan
Engineer – Municipal Admn & Muthavalli
Commissioner (Incharge) No.77, Senkazhuneer
Kancheepuram Municipality Odai Street.
Kancheepuram
R.C.No.1554/2019/H1 date 01.03.2019
17/21
http://www.judis.nic.in
W.P.No.23323 of 2019
Sir,
Ref (1) Letter dated 08.10.2016 from A.Ayubkhan No.77,
Senkazhuneer Odai Street, Kancheepuram – 631 502.
(2) Application dated 28.02.2019 from A.Ayubkhan No.77,
Senkazhuneer Odai Street, Kancheepuram – 631 502.
As per the petition under reference (1) from A.Ayubkhan No.77, Senkazhuneer Odai Street, an inspection was conducted on 19.02.2019 at Kancheepuram Municipality, Public Health Ward No.5 and notice have been issued to concerned meat shop holders. This is also to inform that further action is being taken. A copy of the action taken through Municipality is being enclosed and sent along with this letter.
Enclosure:
1) Copy of the letter sent to State Information Commission
2) Copy of the letter sent to Department of Food Safety
3) Copy of the letter sent to the Revenue Divisional Officer
4) Copy of the letter sent to concerned meat shop holders copy The Town Welfare Officer: submitted for information Kancheepuram Municipality copy to file Sd/-...........
01/03/2019 Commissioner (in charge) Kanchepuram Municipality
12. Material on record further discloses that the Executive Officer/Wakf Inspector, Superintendent, Hazarath Syed Shah Amid Avuliya Darga Wakf, (under the direct administration of Tamil Nadu Wakf Board), Senkazhuneer Odai Street, Big Kancheepuram, has also requested the Commissioner, Municipality, Kancheepuram to do scavenging work regularly.
18/21http://www.judis.nic.in W.P.No.23323 of 2019 Thus from the above, it could be seen that action has been taken against the shop owners by the concerned authorities, against those who do not possess necessary licence, and advice has also been given. On the above facts and circumstances, we are of the view that action taken by the departments stated supra, should have a logical end. In such view of the matter, Commissioner, Kancheepuram Municipality, Kancheepuram/first respondent, is directed to dispose of the representations of the writ petitioner, as regards the complaint of certain Chicken and Mutton centres, near the Darga, run without licence, and take appropriate action, as expeditiously as possible, by giving opportunity to the persons, likely to be affected. Such exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.
13. Accordingly the writ petition stands disposed of. No costs.
Consequently connected miscellaneous petition is also closed.
(S.M.K.J.,) (S.P.J.,) 09.08.2019 Index:Yes/No Internet:Yes/No dpq 19/21 http://www.judis.nic.in W.P.No.23323 of 2019 20/21 http://www.judis.nic.in W.P.No.23323 of 2019 S.MANIKUMAR,J and SUBRAMONIUM PRASAD,J dpq To
1.The Commissioner, Kancheepuram Municipality, Kancheepuram – 631 502.
2.The District Collector, Kancheepuram District, Kancheepuram – 631 502.
3.The Commissioner of Municipal Administration, VI Floor, Ezhilagam Annex Building, Chepauk, Chennai – 600 005.
W.P.No.23323 of 2019 W.M.P.No.23072 of 201909.08.2019 21/21 http://www.judis.nic.in