DHARMAPURI NAGAR KAALANI VIRPANAIYALARGAL SANGAM v. THE DISTRICT COLLECTOR
WP/28098/2025 · 2025-11-27
M Dhandapani
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 193468 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193468 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WP No. 28098 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-11-2025 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 28098 of 2025 and W.M.P Nos.31512 & 44518 of 2025 Dharmapuri Nagara Kaalani Virpanaiyalargal Sangam Rep by its President Mr.S.A. Azimullah, Having Office at No.5, Annadurai Road, Near A.V. Theatre, Dharmapuri -636 701. Petitioner(s) Vs
1. The District Collector Dharmapuri District. 2.The Tahsildar Dharmapuri District. 3.The Commissioner Dharmapuri Municipality Dharmapuri District. 4.The Marriage Hall Owners Association 1 https://www.mhc.tn.gov.in/judis
WP No. 28098 of 2025 Having office at Ambika Vaaniyar Mahal, Dharmapuri Bus Stand, Dharmapuri Respondent(s) PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1 to 3 respondents to take appropriate action against the 4 th respondent under Section 10(ii) of the Tamilnadu Public Buildings (Licensing) Act, 1965 and consequently forbearing the 4 th respondent association from using the Marriage Hall for the purpose of sale of goods through unauthorised traders. For Petitioner(s): S. Thiruvengadam For Respondent(s): Mrs.S.Anitha, Special Government Pleader for R1 and R2. Mr.M.S.Premkumar Standing Counsel for R3 Mr.Arun Anbumani for Vanniyar Hall ORDER This writ petition has been filed, directing the 1 to 3 respondents to take appropriate action against the 4 th respondent under Section 10(ii) of the Tamilnadu Public Buildings (Licensing) Act, 1965 and consequently, forbearing the 4 th respondent association from using the Marriage Hall for the purpose of sale of goods through unauthorised traders. 2 https://www.mhc.tn.gov.in/judis
WP No. 28098 of 2025
2. The learned counsel for the petitioner would submit that the petitioner is the President of the “Dharmapuri Nagara Kaalani Virpanaiyalargal Sangam” which is a registered society under the Societies Registration Act, 1860 bearing Registration Old No.259/2001 and New No.49/2016. The association has more than 60 members in the business of footwear for past 50 years in Dharmapuri District. Some of the members own the premises in which they carry on their business, while others conduct their business in rented buildings. All the members of the association duly pay taxes, duties, wages and they also maintain the necessary registers and records of the trade as per legal requirements.
However, the marriage halls under the 4 th respondent's association are being rented out to random, temporary, on-the-fly, small vendors who carry out sales of dresses, footwear and other fancy items by putting temporary shops without obtaining proper permission from the 3 rd respondent. These vendors are not paying taxes to the Government and the activities are not in accordance with section 4(3) the Tamilnadu shops and Establishments Act, 1947. Furthermore, all the public buildings in the district have been rented to these unauthorised 3 https://www.mhc.tn.gov.in/judis
WP No. 28098 of 2025 traders which is in violation of Section 10(ii) of the Tamilnadu Public Buildings (Licensed) Act, 1956. Further, the owners of the Marriage Halls have been granted licenses only to use the buildings for public meetings, celebrating marriage functions or for holding parties. However, contrary to the license conditions, the marriage halls have been let out on rent to unauthorised traders, who are permitted to put up stalls without obtaining the required permission. When similar circumstances prevailed in Namakkal District, in order to curb and restrict such improper and illegal sales taking place in marriage halls and other public places, the Commissioner of Municipality of Namakkal District passed an order on 16.10.2015, directing all the marriage hall owners not to rent out the premises for temporary shops. Further, this Court by its order dated 29.10.2015, passed in W.P No.34582/2015, directed the respondents to strictly adhere to the order passed by the Municipal Commissioner. The petitioner also made a representation for Halls Owners Association in Dharmapuri and also sent representations to the 1 to 3 respondents on 16.10.2024 and 17.10.2024 , but for the reason best known they have not initiated any action upon such improper Trade practices prevailing in the district. Hence the present writ 4 https://www.mhc.tn.gov.in/judis
WP No. 28098 of 2025 petition has been filed.
3.The learned counsel appearing for the 4 th respondent would submit that the address shown as that of the 4 th respondent in fact belongs to the petitioner. He would further submit that no such Sangam, as alleged by the petitioner, exists at the said address, and that no foot wear exhibition has been conducted at the address of the 4 th respondent as on date. 4. In view of the above, this Writ Petition is closed, granting liberty to the petitioner to ascertain whether the Sangam exists and whether any exhibition has been conducted, and thereafter to make an appropriate application before the law enforcing agency seeking suitable relief. Consequently, connected miscellaneous petitions are closed. 27-11-2025 Index:Yes/No Speaking/Non-speaking order 5 https://www.mhc.tn.gov.in/judis
WP No. 28098 of 2025 Internet:Yes Neutral Citation:Yes/No uma To 1.The District Collector Dharmapuri District. 2.The Tahsildar Dharmapuri District. 3.The Commissioner Dharmapuri Municipality, Dharmapuri District. 4.The Marriage Hall Owners Association Having Office At Ambika Vaaniyar Mahal Dharmapuri Bus Stand, Dharmapuri. 6 https://www.mhc.tn.gov.in/judis
WP No. 28098 of 2025 M.DHANDAPANI J. uma WP No. 28098 of 2025 WMP Nos.31512 & 44518 of 2025 7 https://www.mhc.tn.gov.in/judis
WP No. 28098 of 2025 27-11-2025 8 https://www.mhc.tn.gov.in/judis