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Madras High CourtWP/21614/2023disposed of

Seervi Samaj v. The Commissioner

2023-07-21Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.07.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.21614 of 2023 Seervi Samaj Trust, Nanganallur, Chennai Represented by its President Mr.Indaram, S/o.Late.Jeraram, Plot No.87/5, Vigneshwara Nagar 3rd Main road, Madipakkam, Chennai-600 091.

...Petitioner

Vs.

1.The Commissioner Corporation of Chennai Ripon Building, Chennai-600 002.

2.The Executive Engineer, Zone-14, No.6/64, Puzhuthivakkam Main road, Puzhuthivakkam, Chennai-91.

3.The Health Inspector Zone-14, Corporation of Chennai No.6/64, Puzhuthivakkam Main road, Puzhuthivakkam, Chennai-91.

4.Krishnaveni 1/6

5.Mohammed Anifa

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 05.09.2022 and 19.10.2022 and cancel the license for running a mutton stall if already granted either in the name of the 5th respondent or in the name of any other person, if license is not granted direct the respondents 1 to 3 to close the mutton stall which is at No.2, Vigneshwara Nagar 3rd Main road, Madipakkam, Chennai-600 091. For Petitioner : Mr.T.Easwara Dhas For Respondents 1 to 3 : Mr.Tamizhan Prasanna for Ms.Vanitha Joies Rani Standing Counsel (GCC)

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 3 to consider the representation dated 05.09.2022 and consequently, cancel the license for running a mutton shop if already granted in the name of the 5th respondent.

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2.According to the petitioner, he is a President of Seervi Samaj Trust Nanganallur, Chennai, registered under Societies Registration Act 1978. The petitioner trust constructed a temple in Survey No.87/5 and 88/5 situated in Thalakanancheri Village, Alandur Taluk, Chengalpattu District. The grievance of the petitioner is that the owner of the mutton shop namely the 4th respondent had let out the same to the 5th respondent. The petitioner said to have submitted a representation to the 1st respondent on 05.09.2022, raising his objection for giving license to the mutton shop run by the 5th respondent. The same has not been considered till date.

3.Mr.Tamizhan Prasanna for Ms.Vanitha Joies Rani, learned Standing Counsel takes notice for the respondents 1 to 3. 4.In view of the limited prayer made by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the 1st respondent to consider the 3/6

representation of the petitioner dated 05.09.2022 and pass final orders on merits and in accordance with law within a period of six(6) weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition stands disposed of. No costs.

21.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti 4/6

To 1.The Commissioner Corporation of Chennai Ripon Building, Chennai-600 002.

2.The Executive Engineer, Zone-14, No.6/64, Puzhuthivakkam Main road, Puzhuthivakkam, Chennai-91.

3.The Health Inspector Zone-14, Corporation of Chennai No.6/64, Puzhuthivakkam Main road, Puzhuthivakkam, Chennai-91.

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S.SOUNTHAR , J.

nti W.P No.21614 of 2023 21.07.2023 6/6