Sabeena Banu Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

Sabeena Banu Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed: the Guna Cave Exhibition and Amusement Park shall not continue until all 15 NOC conditions (of which 10 were found unmet) are complied with; resumption is permissible only after proper inspection by the authorities certifying compliance; no costs; connected W.M.P.(MD)No.20496 of 2025 closed.

Issue for consideration

Whether the Guna Cave Exhibition and Amusement Park can be permitted to continue notwithstanding non-compliance with the conditions in the No Objection Certificate issued by the Fire and Rescue Service Department. +1 more

Court's answer

Until such time as all the conditions in the fire-safety No Objection Certificate are complied with, the question of continuing the Exhibition and Amusement Park does not arise; the exhibition cannot continue.

Ratio / Principle

If the fifth respondent wishes to continue the Exhibition / Guna Cave Exhibition, all the conditions must be scrupulously complied with, and only after a proper inspection by the authorities who certify compliance shall the Exhibition resume.

Key takeaways

In light of the order, the Writ Petition stands allowed; no costs; the connected Miscellaneous Petition (W.M.P.(MD)No.20496 of 2025) is closed.ratio¶67

Detailed headnote1 paragraphs

Writ of Mandamus - Public safety - Guna Cave Exhibition and Amusement Park, Madurai (fifth respondent organiser) - Petitioner sought action against organiser for want of amenities, hygienic food and parking facility, or closure of exhibition, on representation dated 09.09.2025 - Earlier interim orders dated 23.09.2025 and 24.09.2025 directed joint inspection with participation of Tamil Nadu Fire and Rescue Service Department - Status Report of the Deputy Director, Fire and Rescue Service Department showed the No Objection Certificate contained 15 conditions, of which 10 stood unmet (fire retardant spray to cave walls/roof, emergency exits every 50 metres of prescribed width and signage per IS 12349/IS 12407, 10,000-litre firefighting water tank, 900 LPM fire pump and hose reel, emergency battery lights, removal of straw in birds exhibit, additional ABC extinguishers, 5-metre entrances for fire trucks, public information centre) - Held, until all conditions are complied, the Exhibition and Amusement Park cannot continue; if the organiser wishes to continue, all conditions must be scrupulously complied with and the Exhibition may resume only after proper inspection by the authorities certifying compliance - Writ petition allowed; no costs; connected miscellaneous petition closed (DR.JUSTICE ANITA SUMANTH and MR.JUSTICE C.KUMARAPPAN, 26.09.2025).

W.P.(MD)No.26357 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 26.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

W.P.(MD)No.26357 of 2025 and

W.M.P.(MD)No.20496 of 2025

Sabeena Banu

... Petitioner

/Vs./

The District Collector, Collectorate Office Campus, Madurai.

The Commissioner of Police, Commissionerate, Madurai District, Madurai.

The Municipality Commissioner, Municipal Corporation Office, Madurai District.

The Deputy Director, Tamil Nadu Fire and Rescue Service Department, Madurai South Zone,

Madurai District.

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Dinesh,

Dinesh, S/o Not known, Guna Cave Exhibition, Krishna Kovil Ground, Iyer Bunglow, Madurai.

W.P.(MD)No.26357 of 2025

... Respondents

PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1^st respondent to take necessary action against the 5^th respondent for proper amenities, hygienic food and parking facility providing to the general public otherwise stop the 5^th respondent exhibition by considering the petitioner's representation dated 09.09.2025.

For Petitioner : Mr.M.Benison For Respondents : Mr.J.Ashok (R1) Government Pleader Mr.P.Kottaichamy (R2 & R4) Government Advocate Mr.K.Sivabalan (R3) Standing Counsel Mr.M.Murugesan (R5)

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W.P.(MD)No.26357 of 2025

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.)

Read this order in continuance and in conjunction with order

dated 24.09.2025, that reads as follows.

"Mr.Sivabalan, learned Standing Counsel for Madurai Corporation files a one page report, which contains absolutely no particulars in regard to the allegations in the writ affidavit.

2.Under our order dated 23.09.2025, we had specifically asked that an official from the Tamil Nadu Fire and Rescue Service Department to accompany the team to inspect the premises. That has also admittedly not been done.

3.The directions under order dated 23.09.2025 are reiterated.

4.Let the respondents specifically look into the allegations in the writ affidavit and furnish their comments and observations in regard the same.

5.List on 26.09.2025. Report by then."

Today, detailed Status Report has been filed along with a

compilation of the approvals that have been granted for the conduct of

the exhibition. These approvals contain various conditions.

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W.P.(MD)No.26357 of 2025

As per the Status Report filed by R4, i.e., the Deputy

Director, Tamil Nadu Fire and Rescue Service Department, No Objection Certificate (NOS) issued by the Fire and Rescue Service Department contains 15 conditions, of which, 10 have not been complied with.

At Paragraph 4 of the counter affidavit filed, they state as

follows:-

"4. I respectfully submit that, as per the direction of this Hon'ble Court a team of officials comprising the Respondents 2, 3 and 4 conducted joint inspection on 24.09.2025 and it was found that though stated in the No Objection Certificate the following directions were not carried out:

i) The Guna Cave exibit is an artificial cave of 450 m length with nature resembling curves, the external and internal walls and roof top should be spray with Fire Retardant Solution.

ii) Emergency exit should be provided every 50 meters, the emergency exit should be designed to open outwards, and should be marked with reflector paint to look prominent.

iii) Each emergency exit must be at least 2.5 meters wide and should be 3 meters wide in great halls.

iv) Emergency exit signage and emergency exit plan should be clearly visible to the public and should be set up as per IS 12349 (safety signs for use in the field of fire protection and firefighting)& IS 12407 (Graphic symbols for fire protection plans). v) A 10,000 liter water tank should be installed

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W.P.(MD)No.26357 of 2025

specifically for firefighting. A 900 LPM capacity fire pump and hose reel should be installed.

vi) Emergency Lights 10 No's (Battery Backup) should be available in case of power cut in the cave. vii) Straws spread on the floor in the room of the birds exhibit should be removed.

viii) There are only 5 fire extinguishers in the exhibition and additionally, 10Kg ABC fire extinguishers 10 No's should be kept.

ix) To hold a home appliance exhibition with a Giant Wheel, entrances should be 5 meters wide on all four sides to allow easy thoroughfare for fire trucks, and the decorative arches and electric wires at the entrances should be at least 5 meters above the ground.

x) A public information center should be set up to for emergency announcements to the public over loudspeakers"

We are of the view that until such time, the conditions are all

complied, the question of continuing the Exhibition and Amusement Park does not arise.

If at all, R5 wishes to continue with the Exhibition / Guna

Cave Exhibition, let all the conditions be scrupulously complied and only after a proper inspection by the Authorities, who will certify that the conditions have been complied, shall the Exhibition resume.

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W.P.(MD)No.26357 of 2025

This Writ Petition stands allowed in light of this order. No

costs. Consequently, connected Miscellaneous Petition is closed.

[A.S.M.J.,] & [C.K.J.,] 26.09.2025

NCC :Yes/No Index :Yes/No Internet :Yes mbi

To

The District Collector, Collectorate Office Campus, Madurai.

The Commissioner of Police, Commissionerate, Madurai District, Madurai.

The Municipality Commissioner, Municipal Corporation Office, Madurai District.

The Deputy Director, Tamil Nadu Fire and Rescue Service Department, Madurai South Zone, Madurai District.

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W.P.(MD)No.26357 of 2025

DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J.

mbi

W.P.(MD)No.26357 of 2025

26.09.2025

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