C PALANI Vs. EXECUTIVE OFFICER MADURAVOYAL MUNICIPALITY

JUDGEMENT

(1.) Writ Petition is filed to issue a Writ of Certiorari, calling for the records of the respondent in pursuant to the notice in Na.Ka.231/09 dated 26.3.2010 and quash the same.

(2.) The writ petition has been filed challenging the notice issued by the respondent. Petitioner claims to be a fish monger by profession and states that he is dealing in purchase and sale of fish in packed condition. According to the Petitioner, the fish is brought in sealed covers and plastic trays. It is not exposed to the atmosphere. Therefore, it does not pollute. Admittedly, the business is being run in a private property, which falls within the jurisdiction of the respondent Municipality.

(3.) In the notice dated 26.3.2010, the authority invoking the power under Section 267 of the Tamil Nadu District Municipalities Act, 1920 and the Public Health Act called upon the Petitioner to close the private market which is being run without licence. Section 267 of the Tamil Nadu District Municipalities Act, 1920 reads as follows:-