Madras High CourtWP/38857/2016disposed of

K.Bahurudeen v. The Commissioner

2016-11-08Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2016

CORAM

THE HONOURABLE MR.JUSTICE N. KIRUBAKARAN W.P.No.38857 of 2016 &WMP No.33308 of 2016 K.Bahurudeen [ Petitioner ] Vs 1 The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.

2 The District Revenue Officer Land and Estate Department Corporation of Chennai Rippon Buildings Chennai-3.

3 The Assistant Revenue Officer Zone IV Chennai Corporation No.266 Thiruvottiyur High Road Old Washermenpet Chennai-21.

[ Respondents] Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorarified mandamus calling for the records pertaining of the letter of the 3rd respondent dated 7.10.2016 and quash the same and consequently direct the respondent to accept the Application for Renewal of License of the petitioner dated 18.4.2016 and renew the License for the Shop bearing No.1 Corporation Shopping Complex No.266 Thiruvottiyur High Road Ward 42 Division IV Zone IV Chennai21. For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.P.V.Selvakumar, SC

O R D E R

The petitioner is the occupant of Shop No.1, Corporation Shopping Complex, No.266, Thiruvottiyur High Road, Ward No.42, Division IV, Zone IV, Chennai 21 and he is running a Xerox Shop from 2009 onwards, pursuant to the allotment order made in his favour. By proceedings dated 03.03.2016, the 3rd respondent directed the petitioner to vacate the shop for their own occupation and the said order was challenged before this Court

and an interim order was also obtained from this Court by the petitioner in W.P.No.13270 of 2016 on 21.04.2016. Moreover, the petitioner had already paid the licence fee of Rs.625/-by way of demand draft dated 16.04.2016 drawn on Andhra Bank, in favour of the Revenue Officer, Corporation, Chennai. When things stand so, the impugned order has been passed calling upon the petitioner to pay the licence fee. Aggrieved over the same, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and Mr.P.V.Selvakumar, learned Standing counsel, who took notice for the respondent Corporation.

3. The impugned order only calls upon the petitioner to pay the licence fee within seven days. As it is on record that the petitioner had already paid by way of demand draft dated 16.04.2016 a sum of Rs.625/-, the respondents have to consider the said amount as a licence fee and act accordingly. Since the petitioner had already paid the licence fee, as stated above, the respondents are directed not to proceed pursuant to the impugned order and the respondents are further directed to pass orders granting appropriate licence to the petitioner, within a period of four weeks from the date of receipt of a copy of this order, taking into consideration the payment of licence fee made by the petitioner.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar rg To 1 The Commissioner Corporation of Chennai Rippon Buildings Chennai-3.

2 The District Revenue Officer Land and Estate Department Corporation of Chennai Rippon Buildings Chennai-3.

3 The Assistant Revenue Officer Zone IV Chennai Corporation No.266 Thiruvottiyur High Road Old Washermenpet Chennai-21.

1 cc to Mr.C.K.M. Appaji, Advocate, sr. 64235 W.P.No.38857 of 2016 KSJ (CO) kk 30/11