M/S.Sri Satya Sai Recreation Society Yanam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 35978 of 2023 M/s. Sri Satya Sai Recreation Society Yanam, Represented by its General Secretary Mr. Lanka Venkanna Babu, Having its office at D. No. 7.13.001, Ferry road, Yanam - 533 464, Pondicherry.

... Petitioner -vsThe Commissioner, Yanam Municipality, Yanam.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, calling for the records of the Respondent pertaining to order dated 24.11.2023 bearing No. 2611/YM/GLRC/ 2023-24 and consequentially quash the order dated 28.11.2023 bearing No. 2611/YM/GLRC/2023-24/3 of the Respondent. For Petitioner :

Mr. Srinath Sridevan, Senior Counsel for Mr. Surya Teja SS Nalla For Respondent :

Mr. M.Nirmal Kumar, Government Advocate (Puducherry) 1/4

O R D E R

Heard Mr. Srinath Sridevan, Learned Senior Counsel appearing for the Petitioner and Mr. M.Nirmal Kumar, Learned Government Advocate (Puducherry) appearing for the Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed challenging the Order No. 2611/ YM/GLRC/ 2023-24 dated 24.11.2023 issued by the Respondent pointing out certain discrepancies in the application for trade license made by the Petitioner for running recreation club in Door No. 7.13.001, Feery Road, Yanam, and the consequential Order No. 2611/YM/GLRC/2023-24/3 dated 28.11.2023 issued by the Respondent seizing that property.

3.

When it was pointed out that the Petitioner could make an application to the Respondent for trade licence rectifying the defects pointed out in the impugned order, Learned Senior Counsel appearing for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the rights of the Petitioner to make an application to the Respondent for trade licence along with relevant town planning approval and explanation stating that production of 'No Objection Certificate' from the Police Authorities is not mandatory and Learned 2/4

Counsel for the Petitioner has made an endorsement to that effect in the court record.

In view of the same, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. Consequently, the connected Miscellaneous Petition is closed. No costs.

10.01.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.04.2024.

vjt To The Commissioner, Yanam Municipality, Yanam.

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P.D. AUDIKESAVALU, J.

vjt 10.01.2024 4/4