S.Mohammed Kasim v. Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.14027 of 2021 & W.M.P.No.14904 of 2021 S.Mohammed Kasim

...Petitioner

Vs

1. The Managing Director,

2. The General Manager,

...Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to extend the licence granted to the petitioner for one more year from 01.08.2021 to 31.07.2022, who is in occupation of the shops and parking area, admeasuring about 7800 sq.ft., 605 sq.ft., 9680 sq.ft., 1200 sq.ft., & 1200 sq.ft., putting all together 20,485 sq.ft., situated at SETC Bust Sub Depot, Tindivanam, comprised in Rural Survey No.232/H, 232/1, Tindivanam, Villupuram District.

For Petitioner : Mr.A.S.Baalaji For R1 & R2 : Mr.R.Shanmuga Sundaram, Advocate General assisted by Mr.L.S.M.Hasan Fizal

O R D E R

The relief sought for in this writ petition is to direct the respondents to extend the licence granted to the petitioner for one more year from 01.08.2021 to 31.07.2022.

2.According to the learned counsel for the petitioner, the petitioner is in occupation of the shops and parking area, admeasuring about 7800 sq.ft., 605 sq.ft., 9680 sq.ft., 1200 sq.ft., & 1200 sq.ft., all together 20,485 sq.ft., situated at SETC Bust Sub Depot, Tindivanam, comprised in Rural Survey No.232/H, 232/1, Tindivanam, Villupuram District. The petitioner had commenced construction of shops in the licenced area, but he could not complete it due to the lock down imposed to arrest the spread of Covid-19 Pandemic. Thereafter, with great difficulty, he completed the construction and obtained all requisite licence for running various shops from the appropriate authority. Due to global pandemic, the shops were shut for nearly 7 months. The period of licence is due to expire on 30.07.2021 and hence, he made a representation dated 24.06.2021 to the respondents for extension of licence period for another one year, which was not considered. Finding no other option, he has come up with this writ petition for the aforesaid relief.

3.On the other hand, the learned Advocate General appearing for the first respondent fairly submitted that the first respondent would consider the claim of the petitioner and pass orders, on merits within a time frame to be fixed by this Court. 4.In view of the above, this Court directs the first respondent to consider the petitioner's representation dated 24.06.2021 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner. Such an exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

5.With the aforesaid direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar av To

1. The Managing Director,

2. The General Manager, W.P.No.14027 of 2021 & W.M.P.No.14904 of 2021 PP(CO) KKV/17/09/2021