C.Tamilselvan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.09.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.12430 of 2020 C.Tamilselvan S/o. N.V.Chennan 2/4 Nadupatti Village Lakshmapuram Post Pappireddipatti Taluk Dharmapuri District.

.. Petitioner Vs

1. The State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Prohibition and Excise Department Chennai 600 009

2. The District Collector Dharmapuri Dharmapuri District

3. The Revenue Divisional Officer, Harur, Dharmapuri District

4. The Tahsildhar, Pappireddipatti Taluk, Dharmapuri District.

..Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent to dispose the petitioners appeal dated 05.07.2018 within a stipulated period of time and issues the SBML Gun license based on the 4th respondent proceedings dated on 07.08.2017..

For Petitioner :

Mr.B.Sundarapandiyan For Respondents : Mr.R.Govindasamy, Special Govt.Pleader

O R D E R

This matter is taken up for hearing through Video Conferencing mode.

2. The petitioner seeks for a mandamus to direct the first respondent to dispose of his appeal dated 05.07.2018.

3. It is seen that the District Collector, namely, the 2nd respondent has rejected the petitioner's application for gun licence through order dated 26.06.2018. Challenging the said order, the petitioner has preferred an appeal before the 1st respondent on 05.07.2018. The grievance of the petitioner is that the said appeal has not been considered so far.

4. This Court, at this stage, is not expressing any view on the merits of the matter, since it is for the Appellate Authority to consider and decide the same on merits and in accordance with law. Therefore, without expressing any view, this Writ Petition is disposed of only by directing the first respondent to dispose the Appeal filed by the petitioner and pass orders on the same on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order , if the appeal is not disposed of so far. No costs.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar vri/vsi To

1. The Additional Chief Secretary to Government, State of Tamilnadu, Prohibition and Excise Department, Chennai 600 009

2. The District Collector Dharmapuri Dharmapuri District

3. The Revenue Divisional Officer, Harur, Dharmapuri District

4. The Tahsildhar, Pappireddipatti Taluk, Dharmapuri District.

+1cc to Mr.B.Sundarapandiyan, Advocate, Sr.No.29867 W.P.No.12430 of 2020 SW(CO) GS(19/10/2020)