V.P.R.Blue Metals v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.P.R.Blue Metals Represented By Its Manager Balraj Ramadass, ... Petitioner -VsThe Commissioner, Oulgaret Municipality, Puducherry.

... Respondent Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the Commissioner, Oulgaret Municipality, Puducherry the respondent herein to grant renewal of the licence to trade to the petitioner on the basis of the application for renewal submitted on 27.03.2024 through on - line. For Petitioner : Mr.M.Gnanasekar For Respondent : Mr.Ramasamy Meyappan Government Advocate (Pondy)

ORDER

This writ petition has been filed for direction directing the Commissioner, Oulgaret Municipality, Puducherry, the respondent herein to grant renewal of the licence to trade to the petitioner on the basis of the

application for renewal submitted on 27.03.2024 through on - line.

2. Heard both sides the perused the materials available on record.

3. The petitioner is engaged in carrying and transporting blue metals storing and transporting for the purpose of construction activities. Originally, the petitioner was issued with license valid till 31.03.2022. While being so, the petitioner's business was locked and sealed for the reason that the petitioner failed to obtain No Objection Certificate from the Pollution Control Board. Before lock and seal, the petitioner was issued with show cause notice dated 10.02.2023 and the same was challenged before this Court in W.P.No.18153 of 2023. This Court, by an order dated 21.06.2023 dismissed the writ petition and liberty was given to the petitioner to work out the remedy before the appellate authority.

4. However, the petitioner did not approach the appellate authority and as such, the business of the petitioner was lock and sealed by the respondent. That apart, action has been taken as against the petitioner under Section 133 Cr.P.C on the application submitted by the Tahsildar,

in which the Sub Divisional Magistrate, Puducherry in M.C.No.23 of 2024 by an order dated 13.03.2024 directed to close the operations/vacate the materials within seven days on receipt of the order. Therefore, without fulfilling other requirements as contemplated under law, the direction sought for in this writ petition cannot be issued and the writ petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this writ petition stands dismissed. No costs. 14.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The Commissioner, Oulgaret Municipality, Puducherry.

14.08.2024