Madras High CourtWP/31837/2023disposed of

J.Velu v. The District Collector

2023-11-07Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 07.11.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH J.Velu ... Petitioner Vs

1. The District Collector, District Collector Office Salem. 636001.

2. The District Revenue Officer, District Collector Office Salem 636001 Salem District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent to issue No Objection Certificate for issuance of license to the petitioner for Retail Outlet (RO) Dealership Chinnathirupathi to Karuvalli and by considering the representation made by the petitioner dated 16.10.2023, fixing outer time limit. For Petitioner : Mr.P.Ganesan For Respondents : Mr.P.Ananda Kumar Government Advocate 1 / 4

O R D E R

Mr.P.Anandha Kumar, learned Government Advocate accepts notice for the respondents and is armed with instructions to enable final disposal of this Writ Petition, even at the stage of admission.

2. The petitioner seeks a mandamus directing the second respondent District Revnue Officer, Salem (DRO/R2) to issue No Objection Certificate (NOC) for issuance of licence for setting up of a retail outlet dealership, Chinnatirupathi to Karuvalli.

3. The petitioner has made a similar request by way of representation dated 16.10.2023 before the second respondent. That representation has come to the attention of the authorities and the petitioner draws attention to the fact that the Fire Service Department has, in consideration of the same, granted NOC on 07.10.2023. The Highways Department has offered its comments on the petitioner's application and forwarded the same to R2 on 02.12.2022. Inter alia, the Highways Department points out a few deficiencies as well. The matter has not progressed thereafter and hence, the petitioner has been constrained to move the present Writ Petition.

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4. Mr.Anandha Kumar would accede to the position that the matter ought not to have been kept pending thus far and ought to have been disposed, one way or the other.

5. Hence, mandamus is issued to R2 to consider the representation of the petitioner dated 16.10.2023 in light of the recommendations by the Fire Service Department and Highways Department dated 07.10.2022 and 02.12.2022 and pass orders on merits and in accordance with law and all applicable Rules and Regulations, within a period of four (4) weeks from date of receipt of a copy of this order.

6. This Writ Petition stands disposed as above. No costs. 07.11.2023 sl Index : Yes / No Speaking Order:Yes To

1. The District Collector, District Collector Office Salem. 636001.

2. The District Revenue Officer, District Collector Office Salem 636001, Salem District.

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DR.ANITA SUMANTH, J.

Sl 07.11.2023 4 / 4