D.Sreeraj v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 30778 of 2023 D.Sreeraj ... Petitioner -vs1. The Commissioner The Revenue Department (NO35) Greater Chennai Corporation Ripon Building, 1st Floor Raja Muthiah Road Kannappar Thidal Periyamet, Chennai - 600 003.

2. S.Loganathan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to take appropriate legal action as against the Second Respondent for doing business without valid license based on the representation of the Petitioner dated 18.02.2022, within a time frame to be fixed by the Court. For Petitioner : Mr. K.Shubashini For M/s.Chennai Law Associates For Respondents : Mrs. P.T.Ramadevi (R1) 1/4

O R D E R

Heard Ms. K.Shubashini, Learned Counsel for the Petitioner and Mrs. P.T.Ramadevi, Learned Counsel, who takes notice for the First Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Second Respondent, notice to him is dispensed with.

3.

The grievance ventilated by the Petitioner is that he has made a representation dated 18.02.2023 to the First Respondent for taking action against the Second Respondent, who is illegally occupying and conducting business in the property bearing Door No.13, Ethirajsamy Salai, Erukkencherry, Chennai belonging to him, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 4.

Learned Counsel appearing for the First Respondent has produced a copy of the notice dated 31.10.2023 evidencing that a show cause notice has been 2/4

sent to the Second Respondent in respect of his carrying on business in the property of the Petitioner. In view of the aforesaid action taken, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any further grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law.

In the result, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs.

01.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 04.03.2024 Maya To The Commissioner Revenue Department (NO35) Greater Chennai Corporation Ripon Building, 1st Floor Raja Muthiah Road Kannappar Thidal Periyamet, Chennai - 600 003.

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P.D. AUDIKESAVALU, J.

Maya 01.11.2023 4/4