Srinivasan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.34407 of 2024 M.Srinivasan ... Petitioner Vs.
1.The District Collector, Chennai District, George Town, Chennai-600 001.
2.The Tahsildhar, Mambalam Taluk, West Jafferkahanpet, Chennai-600 083.
3.The Revenue Divisional Officer, Central Chennai Division, Chennai.
4.The District Officer of Fire and Rescue, The District Fire and Rescue Office (South), Ashok Nagar, Chennai-600 083.
5.Annamalai ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent
not to grant any form of licence either temporary or permanent to conduct the retail or whole sale fire cracker business to the fifth respondent at No.1/1, Mullai Street MGR Nagar, Kalaingar Karunanithi Nagar, Chennai-600 078 and also in the public road beside the estimated building in any manner restraining the petitioner's free movement. For Petitioner :
Mr.S.Sivagurunathan For Respondents : Mr.U.Baranidharan Additional Government Pleader for R1 to R4 R5-Dispensed with
O R D E R
This Writ Petition has been filed to direct the first respondent not to grant any form of licence either temporary or permanent to conduct the retail or whole sale fire cracker business to the fifth respondent at No.1/1, Mullai Street MGR Nagar, Kalaingar Karunanithi Nagar, Chennai, and also in the public road beside the estimated building in any manner restraining the petitioner's free movement.
2. The case of the petitioner is that the petitioner is the owner of the subject property and the fifth respondent was the tenant of the petitioner and the rental agreement between the petitioner and the fifth respondent was
expired. Inspite of them, the fifth respondent has not vacated the premises and is intending to carry out retail cracker business in the petitioner's property and therefore, the petitioner sent a representation on 15.10.2024 to the respondents 1 to 4 not to grant license for carrying out retail cracker business to the fifth respondent, however, the same has not been considered so far. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if the third respondent is directed to dispose of the representations of the petitioner, dated 15.10.2024 on merits and in accordance with law, within a specified period.
4. Heard the learned Additional Government Pleader appearing for the respondents 1 to 4.
5. Since no adverse order is going to be passed against the fifth
respondent, notice to the fifth respondent is dispensed with.
6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner, dated 15.10.2024 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed. 23.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To
1.The District Collector, Chennai District, George Town, Chennai-600 001.
2.The Tahsildhar, Mambalam Taluk, West Jafferkahanpet, Chennai-600 083.
3.The Revenue Divisional Officer, Central Chennai Division, Chennai.
4.The District Officer of Fire and Rescue, The District Fire and Rescue Office (South), Ashok Nagar, Chennai-600 083.
M.DHANDAPANI, J.
ssb 23.10.2024