Malini Ravindran v. The Greater Chennai Corporation,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2024
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Malini Ravindran ... Petitioner -vs1. The Greater Chennai Corporation Rippon Building Chennai - 600003.
2. ARO of Corporation of Chennai The Greater Chennai Corporation Rippon Building Chennai - 600003.
3. Sree Amba Traders Rep. By Balaji New No. 98, Old No. 339 Arcot Road, Kodambakkam Chennai - 600024.
4. Happy Garments Rep by Rajan New No. 98, Old No. 339 Arcot Road, Kodambakkam Chennai - 600024.
... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents to dispose the representation dated 09.12.2023 and 12.12.2023 and thereby cancelling the License No. 10-134-03871/2023-24 dated 10.03.2023 in the 1/5
name of Sree Amba Traders represented by Mr. B.Balaji and License No. 10134-001298/2023-24 dated 26.05.2023 in the name of Happy Garments represented by Mr. Rajan and seal the respective shops. For Petitioner : Mr. T.Gowthaman For Respondents : Mrs. P.T.Rama Devi (for R1 and R2) Mr. V.Chanakya (for R3) No appearance (for R4)
O R D E R
Heard Mr. T.Gowthaman, Learned Counsel for the Petitioner, Mrs. P.T.Rama Devi, Learned Counsel for the First and Second Respondents and Mr. V.Chanakya, Learned Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.
The Petitioner, who claims to be the owner of the property situate at Door No. 98(339), Arcot Road, Kodambakka, Chennai, ventilates the grievance that the Third and Fourth Respondents had misrepresented themselves as the tenants of the said property to obtain Trade License No. 10-134-001298/2023-24 dated 26.05.2023 and that she had made representations dated 09.12.2023 and 12.12.2023 to the First Respondent for cancelling the same, but as it did not evoke any response, it has necessitated the filing of this Writ Petition. 2/5
3.
Having regard to the limited nature of relief sought, this Court without expressing any view on the merits of the controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representations dated 09.12.2023 and 12.12.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed;
(ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner and the Third and Fourth Respondents requiring the same to be furnished within a time frame of not less than 10 days for the same; (iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner, the Third and Fourth Respondents and all other persons concerned to explain their position in that regard; (iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated under written acknowledgment;
(v) the report of such compliance shall be filed by 30.06.2024 before the 3/5
Registrar (Judicial) of the Court.
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
19.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 01.03.2024.
gsa To
1. The Greater Chennai Corporation Rippon Building Chennai - 600003.
2. ARO of Corporation of Chennai The Greater Chennai Corporation Rippon Building, Chennai - 600003.
Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.
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P.D. AUDIKESAVALU, J.
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