R.Ganthimathi, v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.2782 of 2015 and MP.Nos. 1 and 2 of 2015

1. R.Ganthimathi

2. P.Rajaram .. Petitioners

Versus

1. The Sub Collector, Thiruvallore.

2. The Tahsildar, Poonamallee Taluk Office Poonamallee, Thiruvallore District

3. The Revenue Inspector Avadi, Poonamallee High Road, Chennai.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the records relating to the proceedings in Na. Ka. No. 2672/2014/A4 dated 24.6.2014 and Na. Ka. No. 2672/2014/A4 dated 26.12.2014 issued by the 2nd respondent quash the same.

For Petitioner :

Mr. V.Ayyapparaja For Respondents: Mr.S.Gunasekaran Government Advocate

ORDER

Heard Mr.V.Ayyapparaja, learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate appearing for the respondents and with their consent, the writ petition itself is taken up for disposal at the admission stage.

2. The petitioner was granted a license to carry on business of Pawn Broking under the provision of the Tamil Nadu Pawn Brokers Act, 1943. The license was renewed by proceedings dated 28.3.2014. However, in the impugned proceedings dated 24.6.2014, it is stated that the license granted to the petitioner was cancelled and there is no renewal granted to the petitioner after 2010. https://hcservices.ecourts.gov.in/hcservices/

3. Prima facie, this finding is erroneous since there is a proceeding passed by the respondent on 28.3.2014 renewing the petitioner's license for the period 2014 to 2015. That apart, without issuing show cause notice to the petitioner, the respondents have cancelled the petitioner's lincense. Further more, another proceedings dated 26.12.2014 has been issued by the second respondent after the impugned order dated 24.6.2014. Thus, it appears to be inconsistency order passed by the authority. On that ground alone, the impugned order is quashed and the matter is remitted back to the second respondent. The second respondent is directed to issue show cause notice to the petitioner and after affording personal hearing and after considering the objections pass a reasoned order on merits and in accordance with law.

4. The writ petition is allowed to the extent indicated above. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar Dated:18.2.15 True Copy Sub Assistant Registrar To

1. The Sub Collector, Thiruvallore.

2. The Tahsildar, Poonamallee Taluk Office Poonamallee, Thiruvallore District

3. The Revenue Inspector Avadi, Poonamallee High Road, Chennai.

+1 cc to Government Pleader,SR.6359 +1 cc to M/s.R.Bharathkumar, Advocate,SR.6281. sai(co) krd 18/2 WP.No.2782 of 2015 https://hcservices.ecourts.gov.in/hcservices/