Madras High CourtWP/22218/2014disposed of

A.Selvam v. The Commissioner

2024-08-16Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and M.P. Nos. 1 and 2 of 2014 and W.M.P. No. 20391 of 2020 A.Selvam ... Petitioner Vs

1. The Commissioner, Ripon Building, Chennai - 600 003.

2. The Zonal Health Officer, Chennai.

3. The Additional Director, Department of Industries and Commerce, Guindy, Chennai - 32.

4. The Additional Director, Tamil Nadu Pollution Control Board, Guindy, Chennai - 32.

5. The Assistant Engineer, Tamil Nadu Electricity Board, Maduravoyal, Chennai - 95.

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6. The Assistant Revenue Officer, Zone - XI, Valasaravakkam, Chennai - 600 080.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relevant to the order in notice under Section 379(A) of the C.C.M.C. Act IV of 1919 on 31.07.2014 passed by the sixth respondent and the same was served to the petitioner on 04.08.2014 and quash the same as illegal improper, unreasonable, arbitrary and natural justice and thereby direct the respondents to remove the lock and seal put by the respondents in the petitioner's flour mill by namely Sriram Flour Mill at No. 5, Meenakchi Street, Karthikeyan Nagar, Maduravoyal, Chennai - 95. For Petitioners : Mr. B.Gopalakrishnan For Respondents : Mrs. P.T.Ramadevi, Standing Counsel (for R1 R2 & R6) Mr. V.Manoharan, Additional Government Pleader (for R3) Mrs. Shanmugavalli Sekar (for R4) Mr. P.R.Dilip Kumar (for R5)

O R D E R

This Writ Petition has been filed challenging the notice issued by the sixth respondent, thereby directing the closure of the business of the 2/6

Flour Mill.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. Originally, the petitioner obtained a licence from Maduravoyal Municipality, Chennai to run a business of Flour Mill in the premises situated at No. 5, Meenakshi Street, Karthikeyan Nagar, Maduravoyal, Chennai - 95. Subsequently, the said Municipality became the Corporation of Chennai, and as such, he ought to have obtained a licence from the Corporation. Therefore, the petitioner applied for a licence, and it was rejected. Aggrieved by the same, the petitioner preferred an appeal, and it is pending on the file of the Appellate Authority. Therefore, the sixth respondent issued a notice to the petitioner dated 31.07.2014, directing the locking and sealing of the premises. In view of the interim order, the petitioner is still running the Flour Mill, and the appeal is also pending before the concerned Appellate Authority without any order being passed. 3/6

4. In view of the above facts and circumstances, the petitioner is directed to apply for a licence afresh with all required documents before the second respondent within a period of four weeks, failing which the respondents are at liberty to proceed against the petitioner in accordance with law. On receipt of the same, the second respondent is directed to pass orders on the application submitted by the petitioner seeking a licence to run the Flour Mill situated at No. 5, Meenakshi Street, Karthikeyan Nagar, Maduravoyal, Chennai - 95 within a period of four weeks thereafter. Till then, the respondents are directed not to disturb the business being run by the petitioner.

5. With the above directions, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 16.08.2024 Index:Yes/No kv 4/6