Mathan Traders v. The President

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.19877 of 2023 and WMP.No.19218 of 2023 Mathan Traders, Rep.by its Proprietor, Mr.K.Kannan, S/o.Karkandu Pandian, 330/4, Sri Raghavendra Nagar Extension -II, Kundrathur, Chennai 600 069.

...Petitioner

Vs.

1.The President, Irandamkattalai Panchayat, Kundrathur Panchyat Union, Padappai, Kanchipuram District.

2.Irandamkattalai Panchayat, Rep. by its Executive Officer, Padappai, Kanchipuram District.

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3. The Village Administrative Officer, Padappai, Kanchipuram District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from in any way interfering with the business of scrap items in the petitioner's godown situated at Survey Nos. 330/4, Sri Raghavendra Nagar Extension -II, Irandamkattalai Village, Kundrathur, Chennai.

For Petitioner : Mr.A.Tamilarasan For Respondents : Mr.C.Selvaraj for R1 &R2 Additional Government Pleader Mr.P.Anandhakumar Government Advocate for R3

O R D E R

The petitioner herein seeks issuance of Writ of Mandamus, forbearing the respondents from in any way interfering with the business of scrap items in the petitioner's godown situated at Survey Nos. 330/4, Sri Raghavendra Nagar Extension -II, Irandamkattalai Village, Kundrathur, Chennai.

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2. According to the petitioner, he purchased a property situated in the above said Survey Number in the year 2004. He also obtained licence for running a metal scrap business in the above mentioned place on 03.03.2010. The respondents 1 & 2 without any valid ground made an attempt to interfere with the above mentioned business. Therefore, he was constrained to file the present Writ Petition.

3. Mr.C.Selvaraj, learned Additional Government Pleader takes notice for the respondents 1 & 2 and Mr.P.Anandhakumar, learned Government Advocate takes notice for the third respondent.

4. The learned Government Advocate appearing for the third respondent brought to the notice of this Court that the licence obtained by the petitioner for running metal scrap industry had expired long back.

5. A perusal of the licenses issued to the petitioner, which is included in page No.33 of the typed set of papers, would show that the license had expired as early as on 02.03.2011. In such circumstances, the petitioner is 3/6

not entitled to maintain the prayer as sought for in this writ petition. Therefore, the Writ Petition is dismissed. However, it is open to the petitioner to apply for renewal of the license.

6. With the above observations, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 22.09.2023 Index : Yes/No Internet : Yes/No : Yes/No dna 4/6

To 1.The President, Irandamkattalai Panchayat, Kundrathur Panchyat Union, Padappai, Kanchipuram District.

2.The Executive Officer, Padappai, Kanchipuram District.

3. The Village Administrative Officer, Padappai, Kanchipuram District.

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S.SOUNTHAR , J.

dna W.P No.19877 of 2023 and WMP.No.19218 of 2023 22.09.2023 6/6