Madras High Court
S.Ponnusamy vs The Tahsilar on 11 June, 2018
Bench: M.Duraiswamy, S.S.Sundar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.06.2018
CORAM
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P(MD)No.12121 of 2018
S.Ponnusamy ... Petitioner
Vs.
1.The Tahsilar,
Alangulam Taluk,
Tirunelveli District.
2.The District Officer,
Fire and Rescue Department,
Tirunelveli District.
3.The Executive Officer,
Keelapavoor Town Panchayat,
Keelapavoor,
Tirunelveli District.
4.K.Arunachalam ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
to issue a Writ of Certiorarified Mandamus, calling for the records relating
to the proceedings of the impugned order in Na.Ka.No.2128/E/2018, dated
30.05.2018 on the file of the second respondent and quash the same and
further directing the respondents 1 & 2 to issue license / No Objection
Certificate to the Arulmighu Mutharamman Temple Marriage Hall situated in
Survey Noh.296/6F1 and 296/6F2 of Keezhapavoor Village of Tirunelveli.
!For Petitioner : Mr.G.Prabhu Rajadurai
^For RR 1 & 2 : Mr.A.K.Baskara Pandian,
Special Government Pleader.
For R ? 3 : Mr.P.Kannidevan,
Additional Government Pleader.
:ORDER
(Order of the Court was made by S.S.SUNDAR,J.) This Writ Petition is filed by one Mr.S.Ponnusamy for issuing a Writ of Certiorarified Mandamus, challenging the impugned order passed by the second respondent vide proceedings in Na.Ka.No.2128/E/2018, dated 30.05.2018 and to direct the respondents 1 and 2 to issue license/No Objection Certificate to Arulmighu Mutharamman Temple Marriage Hall situated in Survey Noh.296/6F1 and 296/6F2 of Keezhapavoor Village of Tirunelveli.
2. By the impugned order, dated 30.05.2018, the second respondent has deferred the consideration of the petition filed by the petitioner seeking no objection on the ground that the connected Writ Petition in W.P(MD)No.23732 of 2017 is pending and that a direction has been issued by this Court appointing an Advocate Commissioner to inspect the Marriage Hall constructed by the petitioner in WMP(MD)No.6277 of 2018.
3.The Writ Petition filed by the fourth respondent herein in W.P(MD)No.23732 of 2017 has now been dismissed by this Court today ie., on 11.06.2018. Hence, the respondents 1 and 2 are at liberty to consider the representation/application filed by the petitioner and pass orders on merits and in accordance with law taking into consideration the development in the connected case. The respondents 1 and 2 are directed to consider the representation of the petitioner and pass appropriate orders for the purpose of issuing license under the Tamil Nadu Public Building Act on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
4.With the above direction, this Writ Petition is disposed of. No costs.
To
1.The Tahsilar, Alangulam Taluk, Tirunelveli District.
2.The District Officer, Fire and Rescue Department, Tirunelveli District.
3.The Executive Officer, Keelapavoor Town Panchayat, Keelapavoor, Tirunelveli District.
.