Amma Appalam Depot v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.07.2016

CORAM

The Honourable MR. JUSTICE N.KIRUBAKARAN W.P.Nos.11410 and 11411 of 2014 and M.P.Nos.1 of 2014 AMMA APPALAM DEPOT [ PETITIONER IN W.P.NO.11410/14 ] REP BY PROPRIETRIX T. SMITHA NO.31/1 KANDHUR MAIN ROAD SOGANDI VILLAGE SRIPERUMBUDUR TALUK KANCHEEPURAM DISTRICT M/S.T.A.V.PRODUCTS PVT.LTD. [ PETITIONER IN W.P.NO.114101/14 ] REP BY ITS MANAGING DIRECTOR T.V. VIJAYAKUMAR NO.31/1 KANDHUR MAIN ROAD SOGANDI VILLAGE SRIPERUMBUDUR TALUK KANCHEEPURAM DISTRICT Vs 1 THE DISTRICT COLLECTOR KANCHEEPURAM DISTRICT KANCHEEPURAM 2 SOAGANDI VILLAGE PANCHAYAT REP BY ITS PRESIDENT SOGANDI VILLAGE SRIPERUMBUDUR TALUK KANCHEEPURAM DISTRICT [ RESPONDENTS IN BOTH WPs ] Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to renew the business license of the respective petitioner companies for 2014-2015 by considering the representations dated 10.3.2014 and applications dated 24.2.2014.

For Petitioners: Mr.S.Gopinathan For Respondents: Mr.R.M.Muthukumar,GA (R1) Mr.D.Suriyanarayanan (R2) COMMON ORDER Mr.R.M.Muthukumar, learned Government Advocate takes

notice for the 1st respondent and Mr.D.Suriyanarayanan, learned counsel takes notice for the 2nd respondent.

2. The petitioner companies are engaged in the business of manufacturer of Appalams, after obtaining licence from the authority concerned. The petitioners' licences are to be renewed each year and finally they were renewed on 31.03.2014. To renew their licences commencing from 01.04.2014, the petitioner Companies along with a cheque for a sum of Rs.1,500/- sent applications through RPAD on 24.02.2014 to the 2nd respondent, which were returned as "refused". In this regard, the petitioner companies made representations to the 1st respondent on 10.03.2014. Since the said representations were not considered and renewal was not granted, the petitioners have approached this Court.

3. Heard Mr.S.Gopinathan, learned counsel for the petitioners, Mr.RM.Muthukumar, learned Government Advocate appearing for R1 and Mr.D.Suriyanarayanan, learned counsel for R2.

4. It is seen from the records that the petitioners had licence and the same were sought to be renewed. The applications sent by the petitioners for renewal were returned by the 2nd respondent for the reasons best known to him. Due to various circumstances, the petitioners are required to be engaged in the small scale business like this to eke their livelihood and therefore, their licences have to be renewed in time. There is failure on the part of the respondents even in not receiving the applications for renewal. When the petitioners have already got licences, which were renewed upto 31.03.2014, there may not be any impediment for the respondents in renewing the licences. Therefore, the 2nd respondent is directed to consider the petitioners' applications dated 24.02.2014 and renew the licences, within a period of four weeks from the date of receipt of a copy of this order.

The writ petitions are disposed of accordingly. No costs. Connected miscellaneous petitions are closed. Post the writ petitions for reporting compliance after six weeks.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

rg To 1 THE DISTRICT COLLECTOR KANCHEEPURAM DISTRICT KANCHEEPURAM 2 THE PRESIDENT, SOAGANDI VILLAGE PANCHAYAT SOGANDI VILLAGE SRIPERUMBUDUR TALUK KANCHEEPURAM DISTRICT 1 cc to Mr.Gopinathan, Advocate, sr.37372 & 37371 1 cc to Government Pleader, sr.37445 W.P.Nos.11410 and 11411 of 2014 mg co kra 21.07.2016