M/S.Saravana Selvarathinam v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.11826 of 2017 M/s.Saravana Selvarathinam Retail Private Ltd., rep by its Managing Director S.Saravana Arul having its Registered Office at No.14, Ranganathan Street, T.Nagar, Chennai - 600 017.

... Petitioner Vs.

The Director, Tamil Nadu Fire & Rescue Services, Egmore, Chennai - 600 008.

... Respondent Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondent to re-inspect the petitioner premises at Door Nos.75 & 76, Usman Road, T.Nagar, Chennai - 600 017 and remove the notice pasted in the building by the respondent. For Petitioner : Mr.G.Karthikeyan For Respondent : Mr.S.N.Parthasarathi, Government Advocate

O R D E R

Mr.S.N.Parthasarathi, learned Government Advocate takes notice for the respondent. By consent, the main Writ Petition is taken up for disposal at the admission stage itself. 2.The petitioner has filed the above Writ Petition to issue a writ of mandamus to direct the respondent to reinspect the petitioner's premises at Door Nos.75 & 76, Usman Road, T.Nagar, Chennai - 600 017 and remove the notice pasted in the building by the respondent.

3.The learned counsel appearing for the petitioner submitted that the petitioner had complied with all the queries raised by the respondent, however, the respondent has not re-inspected the premises and given any report thereafter. 4.The respondent filed a counter stating that the petitioner has not rectified the defects pointed out by them. However, Mr.S.N.Parthasarathi, learned Government Advocate appearing for the respondent submitted that the respondent has not re-inspected the premises officially so far. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the averments stated in the counter by the respondent and also the submission made by the learned counsel on either side, I am of the view that the respondent should re-inspect the petitioner's premises and issue a fresh order to the petitioner. If the respondent finds that the petitioner had rectified all the defects pointed out by them, in that case, the respondent may give a positive report to the petitioner. In case the petitioner had not complied with the queries raised by the respondent and not rectified the defects pointed out by the respondent, then it is open to the respondent to re-inspect the petitioner's premises at Door Nos.75 & 76, Usman Road, T.Nagar, Chennai - 600 017 within four weeks from the date of receipt of a copy of this order and issue fresh order to the petitioner, taking into consideration the present position of the premises. 6.With these observations, the Writ Petition is disposed of. No costs.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar va To The Director, Tamil Nadu Fire & Rescue Services, Egmore, Chennai - 600 008.

+1 CC to Mr.G. Kathikeyan, advocate sr 54812. W.P.No.11826 of 2017 MSM(CO) sp(16/08/2017) https://hcservices.ecourts.gov.in/hcservices/