M/S.Sri Thirumala Recreation Club v. The Regional Administrator
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2025 CORAM :
THE HON'BLE MRS.JUSTICE N.MALA Writ Petition No.2183 of 2025 and W.M.P.No.2536 of 2025 M/s.Sri Thirumala Recreation Club, Rep. by its President Mr.Gokavarapu Kasiviswanadham, D.No.01-16-070, Kowsalya Complex, Drakasharama Road, Yanam-533464, Pondicherry. ... Petitioner Vs.
1.The Regional Administrator, Yanam.
2.The Commissioner, Yanam Municipality, Yanam.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records of the second respondent pertaining to order dated 15.11.2024 bearing No.2174/B2/YM/Tirumala Club/2023-24 and quash the same, and Page No.1 of 6
consequently direct the respondents herein to not interfere with the lawful day to day activities of the petitioner.
For Petitioner : Mrs.Aishwarya Nathan For Respondents : Mr.S.Raveen Kumar, Government Pleader Assisted by, Mr.V.Vasantha Kumar, Additional Government Pleader
O R D E R
The petitioner has filed this petition seeking to call for the records in impugned proceedings in Na.Ka.No.146/V.P./2023 dated 09.10.2024 on the file of 1st and 3rd respondents and quash the same and directing the respondents 1 to 3 to renew the lease to enable the petitioner to continue and run the business of vending milk, tea and snacks as the franchisee of the 3rd respondent inside the collectorate campus of Thirupatthur district situated at TS.No.325 Ward No.2, Block No.13 and grant such other relief.
2. The petitioner who is a registered society under the Societies Registration Act, 1860, applied for license on 11.01.2024 under Section 349 Page No.2 of 6
of the Pondicherry Municipalities Act, 1973 to operate a recreational club promoting games of skill. After payment of the license fee and commencement of lawful activities, the second respondent issued a notice claiming the fee should have been paid before the issuance of license and later initiated steps to cancel the license. On 11.07.2024, a show cause notice was issued and the first respondent by invoking Section 144 of CrPC ordered to shutdown the club. The petitioner challenged these actions in W.P.No.19940 of 2024, which was allowed on 05.09.2024, quashing the shutdown order and directing the fresh consideration of documents. Despite compliance, the second respondent passed a fresh impugned order on 15.11.2024, demanding additional, non-mandatory documents, effectively stalling operations. The petitioner's subsequent representation was ignored, compelling them to file the present writ petition.
3. When the interim order was passed by this Court on 06.03.2025, the petitioner was holding a valid license, which was in force until 31.03.2025. Thereafter, the second respondent issued a notice dated 01.04.2025, directing the petitioner to cease operations.
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4. Learned Additional Government Pleader appearing for the respondents submitted that, pursuant to the said notice dated 01.04.2025, the petitioner's unit has not been functioning and its operations have been stalled by the second respondent.
5. In view of the above, the interim order already granted by this Court dated 06.03.2025 stands vacated.
6. Considering the above factual matrix of the case, this Court directs the petitioner to submit a fresh application before the second respondent for renewal of trade license by enclosing all relevant documents, within a period of two weeks from the date of receipt of a copy of this order.
7. On such submission, the second respondent is directed to consider the said application on its own merits, in accordance with law, and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.
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8. With the aforesaid observation and directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.
03.07.2025 smn Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Regional Administrator, Yanam.
2.The Commissioner, Yanam Municipality, Yanam.
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N.MALA ,J.
smn 03.07.2025 Page No.6 of 6