- (1.) Heard learned Advocates of both the sides over the matter. This is an application under Article 226 of the Constitution of India and is filed praying for the following reliefs:-- "(A) A writ of mandamus and/or writ in the nature thereof commanding the respondent authorities and each one of them: (i) To do and to proceed in accordance with law. (ii) To issue an order directing the Chief Fire Officer to consider the case of the petitioners and to issue the fire clearance certificate in respect of entire building; (iii) To quash and/or set aside the paper publication made by the respondent No. 2. (iv) To direct the Station House Officer, Police Station Central Crime Station, Port Blair (respondent No. 4 herein) to provide copies of such documents, to the Chief Fire Officer, as may be necessary for consideration of the case of the petitioner. (B) A writ of certiorari be issued commanding the respondent authorities and each one of them to transmit all the records relating to the present proceeding for the purpose of giving conscionable justice to the present case and also for the purpose of passing appropriate orders in this regard and or quashing the order, if any, affecting the interest of the petitioner. (C) A rule NISI in terms of prayers A & B hereinabove. (D) An interim order restraining the respondents in particular the respondent No. 2 from publishing any such further notice. (E) To pass any other writ(s) to issue order(s) in the interest of justice and/or pass such other order(s) and/or direction(s) as Your Lordship may deem fit and proper;"
(2.) In the instant case the petitioner No. 1 is the father of the petitioner No. 2 and he is running a hotel at the premises bearing Survey No. 224/2 at Haddo, Port Blair in the name and style "Hotel Hill Top International".
(3.) The petitioner No. 2 being the son of the petitioner No. 1 wanted to run a "7D Fun Show". In order to run the said 7D Fun Show the petitioner No. 2 was required to observe many formalities such as permission/licence, fire clearance certificate etc. When the petitioner No. 2 filed the application supported by the said certificates, on inspection it was found that the fire clearance certificate obtained by the petitioner from the Chief Fire Officer was a forged one and accordingly an FIR was lodged against the petitioner No. 2 under various sections of the IPC and the said criminal case is still pending.;