Murugan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Murugan ... Petitioner -vs1. The Commissioner Greater Chennai Corporation Ripon Buildings Chennai - 600003.

2. The Zonal Officer (Zone VI) Office of Zonal Officer Thiru.Vi.Ka. Nagar Chennai - 600082.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, to call for the records of the Second Respondent herein in its proceeding in Ma.A.6 Na.Ka. No. 2/2676/2023 dated 23.11.2023 and quash the same and consequently direct the Second Respondent to remove lock and seal of the shop premises No. 7C, Kannani Nagar, Subramani Street, Kolathur, Chennai - 600099. For Petitioner :

Mr. B.Govindaprabu For Respondents :

Mr. K.Ashwini Devi 1/5

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O R D E R

Heard Mr. B.Govindaprabhu, Learned Counsel for the Petitioner and Ms. K.Ashwini Devi, Learned Counsel, who takes notice for the Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed challenging the Proceeding in Ma.A.6 Na.Ka. No. 2/2676/2023 dated 23.11.2023 passed by the Second Respondent sealing the Shop No. 7C, Kannani Nagar, Subramani Street, Kolathur, Chennai run by the Petitioner and to consequently direct the Second Respondent to remove lock and seal of the shop.

3.

Learned Counsel appearing for the Respondents, on instructions, states that shop has been locked and sealed as the requisite licence under Section 102 of the Tamil Nadu Urban Local Bodies Act, 1998 (hereinafter referred to as 'the Act' for short), had not been obtained for such use of the premises by the Petitioner.

4.

In that backdrop, Learned Counsel for the Petitioner seeks permission of 3/5

the Court to withdraw the Writ Petition reserving the rights of the Petitioner to apply for the requisite licence under the Act and depending upon its outcome, to determine the further course of action in the matter in accordance with law, and he has made an endorsement to that effect in the court record. In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

25.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 23.04.2024.

Maya To

1. The Commissioner Greater Chennai Corporation Ripon Buildings Chennai - 600003.

2. The Zonal Officer (Zone VI) Office of Zonal Officer Thiru.Vi.Ka. Nagar Chennai - 600082.

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P.D. AUDIKESAVALU, J.

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