D.Murugan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and WMP.No.22875 of 2023 D.Murugan ... Petitioner Vs 1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

2.The Zonal Officer, Zone-III, Greater Chennai Corporation, No.1, Thattankulam Road, Madhavaram, Chennai - 600 060.

3.The Assistant Revenue Officer, Zone-III, Greater Chennai Corporation, No.1, Thattankulam Road, Madhavaram, Chennai - 600 060.

4.N.Janarthanam ... Respondents 1/4

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorari after calling for the concerned records relating to the notice No. k/m/3t/J/e/f/vz;/Mh;/1-3303-2023/ dated28.07.2023 passed by the 3rd respondent and quash the same.

For Petitioner : Mr.M.Gnanasekar For Respondents : Mrs.P.T.Ramadevi Senior counsel for GCC for R1 to R3

O R D E R

This writ petition is filed challenging the show cause notice issued by the 3rd respondent dated 28.07.2023. The 3rd respondent by impugned notice directed the petitioner to show cause as to why the licence issued to Murugan Welding Shop run by the petitioner cannot be cancelled under Section 302 of Tamil Nadu Urban Local Authorities Act.

2. When show cause notice was issued to the petitioner by the 3rd respondent calling for explanation from him why the licence shall not be cancelled, the petitioner is expected to submit his objections. It is very well settled law that against the show cause notice, no writ petition is maintainable, unless the petitioner raises malafides or question of 2/4

jurisdiction of the authority issuing show cause notice. The petitioner has not raised any such ground. In such circumstances, this Court finds no reason to entertain the writ petition and consequently the same is disposed of with a direction to the petitioner to file his objection to the 3rd respondent.

3. It is also stated by the learned counsel for the petitioner that the petitioner already filed his objection dated 01.08.2023 before the 3rd respondent. It is for the 3rd respondent to consider the objection of the petitioner on merits and in accordance with law and pass final orders.

4. With these observations, this Writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 09.08.2023 Index : Yes/No Speaking order:Yes/No ub 3/4

S.SOUNTHAR, J.

ub To 1.The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600 003.

2.The Zonal Officer, Zone-III, Greater Chennai Corporation, No.1, Thattankulam Road, Madhavaram, Chennai - 600 060.

3.The Assistant Revenue Officer, Zone-III, Greater Chennai Corporation, No.1, Thattankulam Road, Madhavaram, Chennai - 600 060.

W.P.No.23336 of 2023 09.08.2023 4/4