High Court · 2025

W.P.(MD) No. 19051 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 14.07.2025CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANANW.P.(MD) No. 19051 of 2025andW.M.P.(MD) No.14600 of 2025P.Moses Anand ... PetitionerVs1. The Executive Officer,Neyyoor Town Panchayat,Neyyoor.2. The District Officer,Department of Fire and Rescue Services,Kanyakumari.3. District Pollution Engineer,Tamil Nadu Pollution Control Board,Nagercoil. ... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first respondent to issue trade licence on the application submitted on 09.01.2024 without insisting ‘No Objection Certificate’ from respondent Nos.2 and 3.1/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 19051 of 2025For petitioner: Ms. P.MaliniFor respondents: Mr.S.KameswaranGovernment Advocate for R1Mr.D.GhandirajSpecial Government Pleader for R2***** ORDERThis Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, learned Government Advocate for the first respondent and learned Special Government Pleader for the second respondent.2. The petitioner has filed this Writ Petition for a Mandamus to direct the first respondent to issue Trade Licence to the petitioner pursuant to the application filed on 09.01.2024 without insisting No Objection Certificate from the respondents 2 and 3.3. The respondents 2 and 3 are the District Officer of the Fire and Rescue Service and Pollution Control Board, respectively.2/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 19051 of 20254. It appears that one Mariathangam has lodged a complaint against the petitioner regarding the furniture shop and saw mill, which are run by the petitioner. 5. It appears that the said Mariathangam had also approached this Court in W.P.(MD)No.4215 of 2025, pursuant to her representation, dated 23.12.2024 against the petitioner. By an order, dated 18.02.2025, this Court had disposed of the said Writ Petition with the following observations:“6. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.6. In the light of the above observations, there shall be a direction to the respondents 1, 4 and 5 herein to consider the petitioner's representation dated 23.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, the eighth respondent, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents 1, 4 and 5 to consider the same on its own merits.3/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 19051 of 20257. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.”6. In the background, a notice was issued to the petitioner, wherein a reference has been made to the complaint of the said Mariathangam. The petitioner also appears to have given an undertaking, wherein the petitioner has stated that the petitioner will not use any heavy machinery for cutting the woods. Relevant portion of the undertaking given by the petitioner, dated 09.02.2024 is reproduced below:rk;kj gj;jpuk;(09.02.2024) ,uz;lhapuj;jp ,Ugj;jp ehd;fhk; tUlk; gpg;utup khjk; xd;gjhk; Njjp fd;dpahFkup khtl;lk;> fy;Fsk; jhYfh Mj;jptpis tpy;Ny[;. gUj;jptpis tPL> Myq;NfhL mQ;ry; vd;w Kftupapy; trpf;Fk; gq;fpuh[; mtu;fs; kfd; 45 tajhd Nkhr]; Mde;j; Mfpa ehd; nea;A+u; Ng&uhl;rp nray; mYtyu; ngaUf;F vOjpf; nfhLf;Fk; rk;kjg;gj;jpuk;.vd;dntd;why; ehd; nea;A+u; Ng&uhl;rpf;Fl;gl;l nea;A+u; fpuhk Gy vz; 51/22 kw;Wk; 51/23-y; Gjpa fil fl;blk; fl;l mDkjp Ntz;b tpz;zg;gpj;Js;Nsd;. ehd; Nkw;gb fl;bl filapy; fduf kpd; Nkhl;lhupdhy; ,af;fg;gLk; ku mWit ,ae;jpuk; gad;gLj;jkhl;Nld; vd;gij njuptpj;J nfhs;fpNwd;. NkYk; Rw;WR+oYf;F khR Vw;gLj;Jk; ve;jtpjkhd fduf ,ae;jpuKk; ,e;j fl;blj;jpy; gad;gLj;jkhl;Nld; vd cWjp $WfpNwd;. Njitapy;yhky; ,J rk;ke;jkhf vt;tpj tof;Fk; njhlukhl;Nld; vd cWjp $wp rk;kjpj;J ,e;j rk;kj gj;jpuj;jpy; ifnahg;gk; nra;fpNwd;.4/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 19051 of 2025mt;thW itj;jhy; vdJ mDkjpia ePq;fs; uj;J nra;J filia rPy; itg;gjpy; vdf;F ve;jtpj ,y;iy.”7. However, despite the undertaking, it appears that the said Mariathangam has been given repeated complaints to the respondents, pursuant to which a notice, dated 18.11.2024 was issued to the petitioner and the petitioner has also approached the respondents 2 and 3. The third respondent, by a communication, dated 14.03.2025, has stated as under:“ghu;itapy; ngwg;gl;l fbjj;jpd; gb jq;fsJ epWtdj;jpw;F jilapy;yh rhd;W toq;f Nfhup NgUuhl;rp epu;thfj;jpw;F jhq;fs; kD mspj;Js;sjhfTk;> Nkw;gb kDit guprPyid nra;J jilapy;yh rhd;W toq;FkhWk; Nfhug;gl;Ls;sJ.jq;fsJ Nfhupf;ifahdJ nea;A+u; NgUuhl;rp njhlu;Gilajhf ,Ug;gjhy;> nray; mYtyu;> nea;A+u; NgUuhl;rp mtu;fis njhlu;G nfhz;L cupa epthuzk; ngw;Wf; nfhs;SkhW ,jd; %yk; Nfl;Lf; nfhs;sg;gLfpwJ.”8. Considering the fact that there is a dispute between the petitioner and the said Mariathangam, who has secured an order, dated 18.02.2025 in W.P.(MD) No.4215 of 2025 and considering the fact that the petitioner has not impleaded the said Mariathangam in the present Writ Petition, at whose behest the application filed by the petitioner for Trade Licence has been stalled, I am of the view that the 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 19051 of 2025petitioner’s representation for the Trade Licence can be considered and disposed of by the first respondent, after hearing the objection of the said Mariathangam as has been contended earlier. 9. The respondents may also depute an Officer to visit the premises of the petitioner and to give a finding as was contended in the proceedings, dated 22.01.2025, wherein it has been recorded as under:“,f;fl;blj;jpy; jhq;fs; Nkw;nfhz;L tUk; njhopy; njhlu;ghf njhlu;e;J Gfhu;fs; tug;ngWtjhy; Nkw;gb fl;blj;ij nray; mYtyu; kw;Wk; Ng&uhl;rp gzpahthu;fs; %yk; 15 ehl;fshf jpdrup ,UKiw Ma;T nra;j NghJ jhq;fs; gzpahsu;fs; %yk; Nja;g;Gj;jhs; gad;gLj;jp ifapdhy; kuNtiy nra;J tUtJ njupatUfpwJ.”10. This exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. Till then, the respondents shall maintain status quo as on date.11. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed.Index :Yes / No14.07.20256/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 19051 of 2025Internet:Yes / NoapdTo1. The Executive Officer,Neyyoor Town Panchayat,Neyyoor.2. The District Officer,Department of Fire and Rescue Services,Kanyakumari.3. District Pollution Engineer,Tamil Nadu Pollution Control Board,Nagercoil.7/8 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 19051 of 2025C.SARAVANAN, J. apdW.P.(MD) No. 19051 of 202514.07.20258/8