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Madras High CourtWP/18480/2014dismissed

Mohamad Sabeer Ahamed, v. The District Collector,

2022-04-05Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.18480 of 2014 Mohamad Sabeer Ahamed ... Petitioner Vs 1.The District Collector, Villupuram District, Tamil Nadu.

2.The Tahsildar, Taluk Office, Vanur, Villupuram District, Tamil Nadu.

3.The Executive Officer, Kottakuppam Town Panchayat, Kottakuppam.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to give befitting instruction to 3rd respondents to issue a license to run the guest house in the premises situate at R.S.No.385/5, 11 Bargath Nagar, Kottakuppam, Vanur Taluk, Villupuram District.

For Petitioner : No Appearance For R1 & R2 : Mr.TNC Kuashik Additional Government Pleader For R3 : No Appearance

O R D E R

The petition is called absent.

2. The petitioner prays for a Mandamus, directing 1st respondent to give befitting instruction to 3rd respondent to issue a license to run the guest house in the premises situate at

R.S.No.385/5, 11 Bargath Nagar, Kottakuppam, Vanur Taluk, Villupuram District.

3. The petitioner's case is that he had purchased the property in question on behalf of his sister's minor daughter in the capacity of Guardian as per the Indian Guardian and Wards Act. He effected construction thereupon and is aggrieved by the inaction of the respondent in not considering his request for grant of license for using the premises in question as a guest house.

4. A counter has been filed by the third respondent, wherein at paragraph 4, he categorically states that no representation has been received by him seeking issuance of license to run the guest house in the premises in question. He being the competent authority to issue license or to receive the application and the petitioner not having done so, the petitioner could hardly have filed the present writ petition.

5. There is no representation for the petitioner before me. Moreover, the typedset does not contain any application as such, but only has two letters dated 28.03.2013 and 01.04.2013, seeking permission for running a guest house, for which there is no receipt of acknowledgment from the official respondents.

6. In light of the aforesaid, there is no merit in this writ petition and the same stands dismissed. No costs. Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar jeni/kak To 1.The District Collector, Villupuram District, Tamil Nadu.

2.The Tahsildar, Taluk Office, Vanur, Villupuram District, Tamil Nadu.

3.The Executive Officer, Kottakuppam Town Panchayat, Kottakuppam.

+1cc to the Government Pleader, SR.No.24138 W.P.No.18480 of 2014 MT(CO) CB(20/04/2022)