M/S.Vasantham Kamalakanni v. The Collector Cum Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.01.2023
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR and W.M.P.Nos.17041 & 18840 of 2016 M/s.Vasantham 'Kamalakanni'
Magalir Sikkana Nanaya Sangam, Reg.No.423/05, Rep. by its President, S.Parameswari, Dharumapuram, Karaikal - 609 602.
.. Petitioner
Versus
1.The District Collector cum Chairman, Karaikal Krishi Vigyan Kendra Society, ICAR, Krishi Vigyan Kendra, Madur, District Collectorate, Karaikal.
2.The Commissioner, Karaikal Municipality, Karaikal.
.. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to permit the petitioner to run the Canteen in the premises situated at No.2, Domain Street, Karaikal, situated in the Old Municipal Office Building, admeasuring of 191.50 Sq.M comprised in Survey No.T.S.No.F/28/3 of 1/4
Karaikal Revenue Village and Karaikal Taluk at the monthly rent of Rs.10,000/- from 01.02.2015 onwards.
For Petitioner : Mr.T.Sai Krishnan for Mr.Sai Bharath and Ilan For Respondents R1 to 2 : Mr.M.Nirmalkumar Government Advocate (Puducherry)
ORDER
This writ petition has been filed to direct the 2nd respondent to permit the petitioner to run the Canteen in the premises situated at No.2, Domain Street, Karaikal, situated in the Old Municipal Office Building, admeasuring of 191.50 Sq.metre comprised in Survey No.T.S.No.F/28/3 of Karaikal Revenue Village and Karaikal Taluk at the monthly rent of Rs.10,000/- from 01.02.2015 onwards.
2. Last time, the learned counsel for the petitioner submitted that they have not received any instruction from the client and seeks time. He further submitted that if he is not getting any instruction, in the forthcoming hearing, he will report "no instructions".
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3. Today, the learned counsel appearing for the petitioner would submit that they have not got any instruction in this regard. The learned Government Advocate (Puducherry) appearing for the respondents would submit that the trade license was originally granted by the first respondent and it expired on 31.03.2015 and the same was not renewed. Thereafter, no license is granted to anyone to run the canteen.
4. Though, no counter affidavit filed in this regard, the learned counsel for the respondent would submit that the canteen is now locked and it is also submitted that the license was not granted to the petitioner. In such view of the matter, without license, the petitioner cannot run the canteen.
5. With the above observation, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 30.01.2023 (1/2) ata Index : Yes / No Speaking Order : Yes / No 3/4
N.SATHISH KUMAR, J.
ata 1.The District Collector cum Chairman, Karaikal Krishi Vigyan Kendra Society, ICAR, Krishi Vigyan Kendra, Madur, District Collectorate, Karaikal.
2.The Commissioner, Karaikal Municipality, Karaikal.
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