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Madras High CourtWP/1794/2018disposed of

V.Ramadass, v. The Commissioner,

2018-02-12Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.1794 of 2018 W.M.P.No.2222 of 2018 V.Ramadass

...Petitioner

Versus

The Commissioner, Pallavaram Municipality, Chrompet, Chennai - 600 044.

... Respondent Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the Respondent to allot the land under petitioner occupation and not to interfere with petitioner peaceful possession and enjoyment of the shop at No.2, Big Street, Keelkattalai, Tambaram taluk, Kancheepuram District.

For Petitioner : Mr.Kumarasamy for A.Panneerchelvam For Respondent : Mr. P.Srinivas

O R D E R

The petitioner has come forward with this Writ Petition seeking for issuance of a Writ of Mandamus to direct the respondent to allot the land under the petitioner's occupation and not to interfere with his peaceful possession and enjoyment of Shop No.2, Big Street, Keelkattalai, Tambaram taluk, Kancheepuram District.

2.By consent of both sides, this Writ Petition is taken up for final disposal.

3.Heard Mr.B.Kumarasamy, learned counsel appearing for M/s.A.Panneeerchelvam, learned counsel for the petitioner and Mr.P.Srinivas, learned standing counsel for the respondent and perused the records.

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4.The learned counsel for the petitioner submitted that the petitioner has been carrying on his business, since 1991 in the said place. However, his application for issuance of licence has not been considered by the respondent, hence, the petitioner is before this Court with this writ petition. 5.The learned standing counsel for the respondent, on instructions, submitted that the application said to have been given by the petitioner is not available with the respondent and if fresh application is given, the same will be considered in the manner known to law.

6.In the light of the above submissions, the petitioner is directed to give a fresh application to the respondent, within a period of two weeks and on receipt of such application, the respondent shall consider and pass appropriate orders on merits and in accordance with law, within a period of six weeks therefrom, after providing due opportunity to the petitioner. It is made clear that, if the petitioner fails to comply with the above directions, the respondent is at liberty to take appropriate action against the petitioner.

7.Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS-ix) //True Copy// Sub Assistant Registrar rm To The Commissioner, Pallavaram Municipality, Chrompet, Chennai - 600 044.

+1cc to Mr.P.SRINIVAS, Advocate, S.R.No.10858 (04.04.2018) +1cc to Mr.A.PANNEERCHELVAM, Advocate, S.R.No. 10864 (04.04.2018) W.P.No.1794 of 2018 and WMP.No.2222 of 2018 TR(12/02/2018) https://hcservices.ecourts.gov.in/hcservices/