K.Ravi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.05.2022

CORAM

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM W.P.No.13096 of 2022 and W.M.P.No.12473 of 2022 K.Ravi

...Petitioner

Vs.

1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Revenue Officer, Zone X, Corporation of Chennai, Kodambakkam, Chennai.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ in nature of Writ of Certiorarified Mandamus, or order or direction, to call for the records in notice dated 11.05.2022, on the file of the 2nd respondent and quash the same as illegal, incompetent, without jurisdiction and unconstitutional, and for a consequential order to the respondents to consider the application dated 09.01.2022. For Petitioner : Ms.M.Devi Rudra For Respondents : Mr.M.Ganesan Standing Counsel for Greater Chennai Corporation

O R D E R

The notice dated 11.05.2022 issued by the 2nd respondent is under challenge in the present writ petition. 2.The learned counsel for the respondent/Chennai Corporation made a submission that, during the hearing of the writ petition, the authorities have sealed the premises belongs to the petitioner and the learned counsel for the

respondent/Chennai Corporation informed the officials to remove the seal, as the matter is sub-judiced before this Court for consideration.

3.During the earlier hearing of the writ petition, the petitioner was granted liberty to submit an application in the prescribed format enabling the authorities to consider the case of the petitioner for grant of license in accordance with the provisions of the Act and Rules. Accordingly, an application was submitted by the writ petitioner on 19.05.2022, which is acknowledged by the competent authorities. While so, the authorities have to consider the said application in accordance with the procedures contemplated and take an appropriate decision on merits and in accordance with law. However, the sealed premises of the petitioner is to be unsealed immediately. 4.

Accordingly, the respondents are directed to consider the application submitted by the writ petitioner and take an appropriate decision and pass orders within a period of four weeks from the date of receipt of copy of this order, and to unseal the sealed premises belongs to the petitioner, immediately. The petitioner is at liberty to place all records and relevant materials and also all grounds for the purpose of considering her application. It is made clear that, till such time the license is granted in accordance with law by the competent authorities, the petitioner is restrained from operating the flour mill in the subject premises. Only after obtaining an appropriate license, the operation must be commenced. Mere unsealing of the premises would not confer any right on the petitioner to continue operation in the flour mill. 5.

Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.

2.The Revenue Officer, Zone X, Corporation of Chennai, Kodambakkam, Chennai.

W.P.No.13096 of 2022 KV(CO) SP(01/06/2022)