R.Raghunathan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2023

CORAM

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN and W.M.P.No.9136 of 2023 R.Raghunathan, M/A 52 S/o.Ramalingam Plot No.287-A, 9th Avenue Panaiyur, Chengalpattu District.

... Petitioner Vs.

1.The Commissioner Greater Chennai Corporation of Madras Rippon Buildings, Chennai 600 003.

2.The Zonal Officer Zone XV Greater Chennai Corporation of Chennai No.120, Rajiv Gandhi Salai OMR, Sholinganallur Chennai 600 119.

3.K.R.Ram Kumar No.287, 9th Avenue Modern Layout, Seshore Town ECR, Paraiyur, Chengalpattu District ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents 1 & 2 in particular 2nd 1/5

Respondent to grant licence for Petitioner's eatery viz., Dindugal Aachi's situated at Plot No.287-A, 9th Avenue, Panaiyur, Chengapattu Taluk and District based on the Petitioner's representation dated 07.11.2022. For Petitioner : Mr.M.Saravana Kumar For Respondents : Mrs.P.T.Ramadevi (for R1 & R2)

O R D E R

This Writ Petition has been filed seeking direction to the Respondents 1 & 2, in particular 2nd Respondent to grant licence for Petitioner's eatery viz., Dindugal Aachi's situated at Plot No.287-A, 9th Avenue, Panaiyur, Chengapattu Taluk and District based on the Petitioner's representation dated 07.11.2022. 2.According to the Petitioner, he is running an eatery in the name and style of Dindigul Aachis Unavagam at Plot No.287-A, 9th Avenue, Panaiyur, Chengalpattu District. He had been running the above said eatery for the past so many years, without any disturbances or hindrances. The license for running the eatery is essential, whereas the building owner had demanded advance amount of Rs.5 lakhs and he also agreed the rental amount and during Covid pandemic situation, there was dispute between the landlord and the Petitioner and he has filed civil suit before the District Munsif Court, Alandur and he has 2/5

also filed a representation before the 2nd Respondent on 07.11.2022. Since no order has been passed on the Petitioner's representation, this Petition has been filed.

3.Heard the learned counsel for the Petitioner and the learned counsel appearing on behalf of the Respondents 1 & 2. 4.The learned counsel appearing on behalf of the Respondents 1 & 2 draw my attention to the typed set of papers, wherein the 2nd Respondent in his communication in Na.Ka.No.R1/26/2020 dated 27.10.2020, returned the application of the Petitioner and called upon him to produce ten documents by way of annexure. Now the Petitioner has made representation on 07.11.2022, without complying the return queries made in the earlier application. 5.After hearing both the parties and after going through the records and also communication stated supra, it is open to the Petitioner to make proper representation along with required enclosures as stated in letter dated 27.10.2020 of the 2nd Respondent. On such an event, the 2nd Respondent is 3/5

required to consider the said representation and pass orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. It is hereby made clear that I am not inclined to express any opinion on the merits of the claim of the Petitioner.

6.In fine, this Writ Petition is disposed of to the extent indicated above. No costs. Consequently, connected Miscellaneous Petition is closed. 23.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai To 1.The Commissioner Greater Chennai Corporation of Madras Rippon Buildings, Chennai 600 003.

2.The Zonal Officer Zone XV Greater Chennai Corporation of Chennai No.120, Rajiv Gandhi Salai OMR, Sholinganallur Chennai 600 119.

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RMT.TEEKAA RAMAN.J, sai and W.M.P.No.9136 of 2023 Dated:23.03.2023 5/5