Annadurai v. The Additional District Collector(Revenue)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.11.2020
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.15931 of 2020 Annadurai .. Petitioner Vs.
1. The Additional District Collector (Revenue) cum The District Revenue Officer, O/o.The District Collector, Villupuram District, Villupuram.
2. The Sub-Collector, Thindivanam, Villupuram District.
3. The Tahsildar, Thindivanam, Villupuram District.
.. Respondents * * * Prayer : Writ Petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the first respondent to dispose of the petitioner's appeal dated 15.10.2020 expeditiously.
* * * For Petitioner :
Mr.K.Balaji For Respondents :
Mr.V.Shanmugasundar, Special Government Pleader
O R D E R
By consent of the learned counsel on either side, this writ petition is taken up for final hearing at the admission stage itself.
2. The prayer of the petitioner is to direct the first respondent to dispose of his appeal dated 15.10.2020 expeditiously.
3. The case of the petitioner is that he is into the business of selling fire crackers since 2016. He was granted licence under Form No.24 by the competent authority, which has been renewed periodically till March, 2020. He had applied for renewal of the said licence on 27.01.2020 for the year 20202021 with the second respondent, by paying requisite fees. The second respondent sought for a report from the third respondent, based on which, the third respondent inspected the https://hcservices.ecourts.gov.in/hcservices/
shop on 24.08.2020. However, the second respondent passed an order on 09.09.2020 suspending the renewal application of the license on the premise that the petitioner failed to comply with the conditions stipulated under Rules 83(2) and 86(2) of the Explosive Rules. The petitioner claimed that he had rectified the defects pointed out by the second respondent and submitted a representation with supporting documents, which was not considered by the second respondent, but only he was directed to file an appeal before the appellate authority. Accordingly, he instituted an appeal on 15.10.2020 before the first respondent. Since there is no action taken on his appeal, he is before this Court with this petition.
4. Heard the learned counsel on either side and perused the materials placed before this Court.
5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the first respondent to consider petitioner's appeal dated 15.10.2020, enquire into the same and pass appropriate orders, on merits and in accordance with law, by affording an opportunity of personal hearing or virtual hearing to the petitioner, or considering his written submissions and after verifying the relevant documents, on or before 10.11.2020, preferably on 09.11.2020, in view of the ensuing festival of Deepavali.
6. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gg To
1. The Additional District Collector (Revenue) cum The District Revenue Officer, O/o.The District Collector, Villupuram District,Villupuram.
2. The Sub-Collector, Thindivanam, Villupuram District.
3. The Tahsildar, Thindivanam,Villupuram District.
W.P.No.15931 of 2020 +1cc to Mr.S.Anburaja , Advocate SR.No. 36167 A.SK(09/11/2020) https://hcservices.ecourts.gov.in/hcservices/