R.Narayanasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 24.4.2015.

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P.No.10878 of 2015 R.Narayanasamy Petitioner vs.

1 The District Collector O/o. The Collectorate 2 The Tahsildar Ulundurpet Taluk 3 The Revenue Inspector Elavanoorkottai Ulundurpet Taluk Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent to issue license based on petitioner's application dated 29.3.2012 within time frame.

For Petitioner : Mr.T.Arockia Dass For Respondents : Mr.T.N.Rajagopalan special Government Pleader

ORDER

This writ petition has been filed by R.Narayanasamy seeking a limited prayer for directing the District Collector, Villupuram to issue licence based on his application dated 29.3.2012

2. Heard the learned counsel appearing for the petitioner.

3. The petitioner being an agricultural coolie doing small business in making bricks from his bricks chamber set up in his land in Elavanoorkottai Village in S.No.225/1B to an extent of 0.49.50 ares had applied to the District Collector, first respondent herein to get a permission from him through his application dated 29.3.2012.

4. In this background, the grievance of the petitioner is that on 29.3.2012, the Tahsildar Ulundurpet Taluk, the second respondent herein has forwarded the communication dated 29.3.2012 to the Revenue Inspector, Elavanoorkottai, the third respondent herein to submit a report in this regard, but, the third respondent, till date, has not filed any report to the second respondent while his file is kept pending in the third respondent's office. Therefore, he has come to this court seeking a direction to the first respondent to issue licence based on his application dated 29.3.2012.

5. Mr.T.N.Rajagopalan, learned Special Government Pleader takes notice for the respondents.

6. A perusal of the communication dated 29.3.2012 sent by the Tahsildar, Ulundurpet, the second respondent to the Revenue Inspector, Elavanoorkottai, the third respondent herein and the communication dated 12.4.2013 sent by the Tahsildar, Ulundurpet Taluk to the third respondent clearly shows that the third respondent has not acted on the request made by the second respondent, as a result, the request of the petitioner is kept in cold storage. Therefore, this court directs the first respondent to consider the application of the petitioner dated 29.3.2012 which appears to have been filed with the registration charge of 100/-, licence fee of Rs.1500/-, annual fee of Rs.6000/- along with flag day fund of Rs.1000/-, in the light of the communication dated 29.3.2012 and 12.4.2013 sent by the second respondent to the third respondent, within a period of three months from the date of receipt of copy of this order.

7. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar ssk.

To 1 The District Collector O/o. The Collectorate 2 The Tahsildar Ulundurpet Taluk

3 The Revenue Inspector Elavanoorkottai Ulundurpet Taluk +1cc to M/S Dass Law Associates, Advocate SR.NO..22867 +1cc to Government Pleader SR.NO.22892 W.P.No.10878 of 2015 AK(CO) rvr 19/05/2015