New Royal Traders v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.7411 of 2015 New Royal Traders The Proprietor by S.Peer Mohamed, No.5/68, 6th Street, Narasingapuram, Maduvankarai, Guindy, Chennai

...Petitioner

Vs

1. The Commissioner Corporation of Chennai Ripon Buildings, Chennai - 600 003

2. The Revenue Officer, Corporation of Chennai, Nungambakkam, Chennai

3. The Assistant Commissioner, Chennai Corporation, Zone XIII, Adyar, Chennai - 600 020 ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st, 2nd and 3rd respondents to remove the lock and seal of Premises No.5/68 Street, Narasingapuram, Maduvankarai, Guindy, Chennai - 600 032 by considering the petitioner's representation dated 17.02.2015.

For Petitioner : Mr.A.Ansar For Respondents : Mr.P.V.Selvakumar

O R D E R

Heard Mr.A.Ansar, learned counsel for the petitioner and Mr.P.V.Selvakumar, learned counsel for the respondents. With the consent of either side the Writ Petition itself is taken up for final disposal at the admission stage.

2. The petitioner seeks for a direction upon the Respondent/Corporation of Chennai to remove the lock and seal of the office in his premises by considering his representation dated 17.02.2015.

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3. The petitioner was carrying on business in the said premises without valid license. Therefore, the Respondent/Corporation has locked and sealed the premises. This action of the respondent/Corporation is perfectly valid, since the premises was being used as business premises without valid license.

4. Since the petitioner is unable to secure license from the Tamilnadu Pollution Control Board to carry on his business in the said premises, he is said to have furnished a schedule to consider over the lock and seal and intensely using the premises as his 'office' and not as a 'scrap godown'. In this regard a representation has been given on 17.02.2015.

5. In the light of the above, there shall be a direction to the 2nd and 3rd respondents to consider the petitioner's representation dated 17.02.2015, conduct inspection of the premises and if the submission made by the petitioner that he will not use the godown as godown for storing scrap materials, the 3rd respondent shall consider the petitioner's representation and pass appropriate orders for the purpose of removing the lock and seal affixed in the premises within a period of three weeks from the date of receipt of copy of the order.

6. With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Deputy Registrar Dated:26.3.15 True Copy Sub Assistant Registrar To

1. The Commissioner Corporation of Chennai Ripon Buildings, Chennai - 600 003

2. The Revenue Officer, Corporation of Chennai, Nungambakkam, Chennai

3. The Assistant Commissioner, Chennai Corporation, Zone XIII, Adyar, Chennai - 600 020 +1 cc to Mr.A.Ansar, Advocate,SR.14729.

nm(co) krd 31/3 W.P.No.7411 of 2015 https://hcservices.ecourts.gov.in/hcservices/