B.Nirmala v. The Assistant Commissioner /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No.6191 of 2022 and W.M.P.No.6260 of 2022 B.Nirmala
...Petitioner
Vs.
1.The Assistant Commissioner / Executive Officer, Arulmigu Magudeshwarar Thirukovil, Kodumudi, Erode District.
2.The Executive Officer, Kodumudi Town Panchayat, Kodumudi, Erode District.
3.The General Manager, The Erode District Cooperative Milk Producers Union Limited, Vasavi College, Erode, Erode District.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, forbearing the respondents from closing down the Aavin Milk Parlor situated at Arulmigu Magudeshwarar Thirukovil road, Kodumudi, Erode District without conducting proper enquiry and passing speaking order.
For Petitioner :Mr.C.Prakasam For R1 :Mrs.Geetha Thamaraiselvan Special Government Pleader For RR 2 & 3 :Mr.J.K.Saravanan Government Advocate
O R D E R
This Writ Petition is filed for issuance of Writ of Mandamus, forbearing the respondents from closing down the Aavin Milk Parlor situated at Arulmigu Magudeshwarar Thirukovil road, Kodumudi, Erode District without conducting proper enquiry and passing speaking order.
2.By consent of both the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the 1st respondent and the learned Government Advocate appearing for the respondents 2 & 3, this Writ Petition is taken up for final disposal at the admission stage itself. 3.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the 1st respondent and the learned Government Advocate appearing for the respondents 2 & 3 and perused the entire materials on record.
4.According to petitioner, her father was granted permission to run Aavin retail outlet near Arulmigu Magudeshwarar Thirukovil, Kodumudi, Erode District. Due to old age of her father, the petitioner obtained license in her name and running the Aavin Milk Parlour from 24.10.2018 without any hindrance to the general public. Based on the false complaint made by the 1st respondent, the respondents 2 & 3 orally instructed the petitioner to close down the Aavin Milk Parlour. Therefore, the petitioner gave a representation dated 07.03.2022 to the respondents 1 & 3 and has come out with the present Writ Petition.
5.Considering the above materials and the case of the petitioner that without giving any opportunity to the petitioner and without passing any order, the respondents 2 & 3 orally instructed the petitioner to close down the Aavin Milk Parlour, the 3rd respondent is directed to consider the representation of the petitioner dated 07.03.2022 and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed to permit the petitioner to run the Aavin Milk Parlour without any interruption.
6.With the above directions, the Writ Petition is disposed of. Consequently the connected Miscellaneous Petition is closed. No costs.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Assistant Commissioner / Executive Officer, Arulmigu Magudeshwarar Thirukovil, Kodumudi, Erode District.
2.The Executive Officer, Kodumudi Town Panchayat, Kodumudi, Erode District.
3.The General Manager, The Erode District Cooperative Milk Producers Union Limited, Vasavi College, Erode, Erode District.
+1 CC to Mr.C.Prakasam, Advocate sr 18530.
+1 CC to The Special Government Pleader sr 18724. W.P.No.6191 of 2022 SKM(CO) SP(01/04/2022)