A.Ghouse Basha v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.11669 of 2025 and W.M.P.Nos.13200 & 13202 of 2025 A.Ghouse Basha ... Petitioner Vs.
1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
2.The Assistant Revenue, Zone-IV, Zonal Office, Tondiarpet, Chennai - 600 081.
3.The License Inspector, Zone-IV, Zonal Office, Tondiarpet, Chennai - 600 081.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the 2nd and 3rd respondents herein to consider the petitioner representation dated 17.03.2025 for renewal of the licence and Renew the Trade or Business License in favour Page No.1 of 7
of the petitioner herein for the Shop No.11 situated at No.241, Habib Ahmed Private Market, T.H.Road, New Washermentpet, Chennai. For Petitioner :
Mr.N.Ntihianandam For Respondents : Mr.D.B.R.Prabhu, Standing Counsel
O R D E R
The petitioner has filed this petition to direct the 2nd and 3rd respondents herein to consider the petitioner representation dated 17.03.2025 for renewal of the licence and Renew the Trade or Business License in favour of the petitioner herein for the Shop No.11 situated at No.241, Habib Ahmed Private Market, T.H.Road, New Washermentpet, Chennai.
2. The case of the petitioner is that he has been running a tea stall in the name and style of "Sharjah Tea Stall" in Shop No. 11, measuring 100 sq. ft., at M/s.Habib Ahamed Private Market, Chennai, for over two decades. The said shop was originally owned by the Petitioner's maternal aunt, Mrs.Mastani, who, out of love and affection, settled the shop in favour of the Petitioner in 2005. Since then, the Petitioner has been in continuous possession, carrying on business with valid licenses and approvals. Due to recent family disputes, Mrs.Mastani allegedly influenced the authorities and Page No.2 of 7
filed a frivolous objection to the renewal of the Petitioner's trade license. Despite submitting the renewal application along with all necessary documents and fees, the Respondents refused to process the application and failed to furnish the contents of the objection to the Petitioner. The Petitioner contends that the refusal is malafide and biased, and there is an imminent threat of illegal eviction and sealing of the shop, which is the sole source of livelihood for the Petitioner and his family. In this regard, the petitioner has sent a representation dated 17.03.2025 to the respondents 2 & 3, however, the same was not considered. Aggrieved by this inaction, the Petitioner has filed the present writ petition seeking direction to renew the license and restrain the authorities from interfering with his business.
3. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the respondents 2 & 3 to consider the petitioner's representation dated 02.02.2023 on merits, in accordance with law and pass appropriate orders within a time frame to be fixed by this Court. Page No.3 of 7
4. Learned standing counsel appearing for the respondents has no objection for the said order being passed by this Court.
5. Heard the learned counsel on either side and perused the materials available on record.
6. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the third respondent to consider the petitioner's representation dated 17.03.2025, after giving due notice to the petitioner, affording an opportunity of personal hearing, considering the documents filed by the petitioner on merits, in accordance with law and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.
7. It is made clear that the respondents shall not take any cohesive action against the petitioner, till the disposal of his representation dated 17.03.2025 by the third respondent.
8. This writ petition is disposed of with the aforesaid observation and Page No.4 of 7
directions. No costs. Consequently connected miscellaneous petitions are closed.
28.03.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.
2.The Assistant Revenue, Zone-IV, Zonal Office, Tondiarpet, Chennai - 600 081.
3.The License Inspector, Zone-IV, Zonal Office, Tondiarpet, Chennai - 600 081.
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J.SATHYA NARAYANA PRASAD,J.
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