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Madras High CourtWP/8103/2004dismissed

Sri.P.Ramar v. The Chief Secretary

2017-03-28Honourable Mr Justice S.M. Subramaniam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.8103 of 2004 and W.M.P.No.8883 of 2004

1. P.Ramar

2. Ramaiya Venudevi

3. Ramaiya Dhanalakshmi

4. M/s.V.V.Charitable Trust, rep.by Trustee, Smt.Ramaiya Venudevi No.21, South Dhandapani Street, T.Nagar, Chennai - 600 017.

5. V.Harikrishnan

...Petitioners

/versus/

1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

3. The Director General of Police, Mylapore, Chennai - 600 004.

4. The Deputy Superintendent of Police, Ambattur, Chennai.

...Respondents

Prayer:

Writ petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, direction or order in the nature of Writ forbearing the Respondents from in any way interfering with the petitioners business of manufacture and sale of the product of bio-fuel 'Jerosene' at No.105/A, M.T.H.Road, Padi, Chennai - 600 050 or any other place as they desire.

For Petitioners : Mr.M.Arun Kumar, M/s.Sampath Kumar and Associates.

For Respondents : Mr.A.Zakkir Hussain, Government Advocate.

ORDER

The relief sought for in the writ petition is for forbearing the respondents from anyway interfering with the writ petitioner's business of manufacture and sale of bio-fuel 'Jerosene' at No.105/A, M.T.H.Road, Padi, Chennai - 600 050.

2. The 4th respondent filed a counter affidavit wherein he states that the writ petitioner has to obtain proper permission/license from the Pollution Control Board, Fire Service Department, Sales Tax and Central Excise Department, but the writ petitioners have not obtained any such required permission/license from the competent authorities. Further in para 5 of the counter also the respondent reiterated that the writ petitioner even at the time of enquiry was not in a position to produce any valid license to get along with his business.

3. Therefore it is to be construed that the writ petitioner is not a holder of a valid license in accordance with law, therefore the prayer sought for in the writ petition as such thereof cannot be granted.

4. Accordingly the writ petition is devoid of merits and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rna/rpa

To

1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2. The Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

3. The Director General of Police, Mylapore, Chennai - 600 004.

4. The Deputy Superintendent of Police, Ambattur, Chennai.

+1cc to the Government Pleader, S.R.No.19557 W.P.No.8103 of 2004 and W.M.P.No.8883 of 2004 NR(CO) RS(21/04/2017)