P.Ananda Kumar v. Additional District Magistrate /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.Nos.16174, 16176, 16178, 16179, 16181, 16182, 16766, 16771, 16773, 16817 & 17470 of 2023 and W.M.P.Nos.15566, 15569, 15572, 15575, 15577, 15579, 16045, 16051, 16053, 16077 & 16611 of 2023 W.P.No.16174 of 2023 P.Ananda Kumar ... Petitioner Vs.
Additional District Magistrate/ District Revenue Officer, Thirupathur, Thirupathur District.
... Respondent Prayer in W.P.No.16174 of 2023 : Writ Petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records relating to the impugned order passed by the respondent vide COLREV-COLR/28503/2023/C2 dated 29.04.2023 and quash the same. For Petitioner (in all WPs) :
Mr.R.Sunil Kumar For Respondent (in all WPs) :
Mr.P.Sathish Additional Government Pleader Page No.1 of 4
COMMON ORDER Since the issue involved in these writ petitions is one and the same, with the consent of the learned counsel appearing for both sides, these writ petitions were heard together and disposed of by this common order.
2. The case of the petitioners is that, they are running the crackers shop in the places mentioned in the writ petitions for more than 10 years with valid licence. While so, the petitioners applied for renewal of licence before the respondent. However, without assigning any proper reason, the respondent has cancelled the crackers shop licence by way of the impugned orders. Challenging the same, the above writ petitions are filed.
3. The learned counsel for the petitioners submits that, before passing the impugned orders, no opportunity was given to the petitioners to explain their case. He also submits that, if the places, where the petitioners' crackers shop is located, are not earmarked for running crackers shop, then the licencing authority has to direct the petitioners to find out a suitable place for running the crackers shop. However, such an opportunity was not given Page No.2 of 4
to the petitioners, which is not sustainable. Accordingly, he prays for allowing the above writ petitions.
4. On the above contentions, heard the learned Additional Government Pleader appearing for the respondent and perused the materials available on record.
5. A perusal of the impugned orders reveals that, before passing the impugned orders, the respondent has not given any opportunity to the petitioners, which is a clear violation of principles of natural justice. Hence, the impugned orders are liable to be set aside.
6. In view of the above, the impugned orders are set aside and the matters are remanded to the respondent for fresh consideration. While considering the same, the respondent is directed to give opportunity to the petitioners and pass appropriate orders on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.
Page No.3 of 4
M.DHANDAPANI, J.
sp
7. Accordingly, the writ petitions are disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 26.06.2023 Index : Yes / No Speaking order / Non-speaking order sp To The Additional District Magistrate/District Revenue Officer, Thirupathur, Thirupathur District.
W.P.Nos.16174, 16176, 16178, 16179, 16181, 16182, 16766, 16771, 16773, 16817 & 17470 of 2023 and W.M.P.Nos.15566, 15569, 15572, 15575, 15577, 15579, 16045, 16051, 16053, 16077 & 16611 of 2023 Page No.4 of 4