M.Durdana v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.16252 of 2024 M.Durdana ... Petitioner Vs.
1.The Commissioner, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
2.The Senior Revenue Officer, Revenue Department, Zone-V, Greater Chennai Corporation, Chennai - 600 003.
3.The Licensing Authority, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
4.The Commissioner of Labour - I, DMS Complex, Teynampet, Chennai - 600 006.
5.The Deputy Commissioner of Labour - I, DMS Complex, Teynampet, Chennai - 600 006.
6.Abdul Rasheed ... Respondents Page No.1 of 7
PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the third respondent to dispose of the representation dated 13.01.2024 submitted by the petitioner for initiation of action against 6th respondent in respect of the business carried out in the shop premises situated at bearing Shop No.1, First floor, "B" Block, Nawab Habibullah Electronic Market situated in Wallers Road, Mount Road, Chennai - 600 002 without license from the Statutory Authority.
For Petitioner :
Mr.L.Dhamodharan For Respondents 1 to 3 :
Mr.D.B.R.Prabhu, Standing Counsel For Respondents 4 & 5 :
Mrs.R.L.Karthika, Government Advocate
O R D E R
The petitioner has filed this petition to direct the third respondent to dispose of the representation dated 13.01.2024 submitted by the petitioner for Page No.2 of 7
initiation of action against 6th respondent in respect of the business carried out in the shop premises situated at bearing Shop No.1, First floor, "B" Block, Nawab Habibullah Electronic Market situated in Wallers Road, Mount Road, Chennai - 600 002 without license from the Statutory Authority.
2. The petitioner is the owner of the shop premises situated at shop No.1, First Floor, "B" block, Nawab Habibullah Electronic Market situated in Wallers Road, Mount Road, Chennai-600 002. The said shop premise was let out to the sixth respondent by a Deed of Lease dated 23.03.2018. The sixth respondent has sublet the shop premises, and the shop premises are occupied by the strangers. The petitioner has submitted an application under RTI and sought for details of information on the issue of a License for her shop. The petitioner was furnished with information that the Corporation has not issued any license to the sixth respondent.
3. Learned counsel for the petitioner would submit that the petitioner has invoked the provision of Tamil Nadu Regulation of Rights and Page No.3 of 7
Responsibility of Landlords and Tenants Act 2017 to secure the possession of the shop premises in accordance with law and the same is pending before the VII Additional Judge, City Civil Court, Chennai as RLTA No.17 of 2024. Hence, the petitioner made representation dated 13.01.2024 before the respondents 1 to 3 to initiate action against the sixth respondent for business carried out in the aforesaid shop premises without obtaining license from the statutory authority. However, the same was not considered till date. Aggrieved over the same, the petitioner has come forward with the present writ petition.
4. Learned standing counsel appearing for the respondents 1 to 3 would submit that a detailed enquiry will be conducted by the respondents 1 to 3 and appropriate orders will be passed on merits, in accordance with law within a time frame to be fixed by this Court.
5. Heard the learned counsel on either side and perused the materials available on record.
Page No.4 of 7
6. Without going into the merits of the case, this Court directs the third respondent to consider the petitioner's representation dated 13.01.2024, after giving due notice to the petitioner and the sixth respondent, affording an opportunity of personal hearing, to conduct enquiry on merits, in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed of with the aforesaid observation and direction. No costs.
11.03.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The Commissioner, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
2.The Senior Revenue Officer, Page No.5 of 7
Revenue Department, Zone-V, Greater Chennai Corporation, Chennai - 600 003.
3.The Licensing Authority, Corporation of Chennai, Greater Chennai Corporation, Chennai - 600 003.
4.The Commissioner of Labour - I, DMS Complex, Teynampet, Chennai - 600 006.
5.The Deputy Commissioner of Labour - I, DMS Complex, Teynampet, Chennai - 600 006.
J.SATHYA NARAYANA PRASAD,J.
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