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Madras High CourtWP/26293/2018disposed of

I.Surana Tyres v. The Commissioner

2018-10-09Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.10.2018

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition No.26293 of 2018 and W.M.P.No.30567 of 2018 Surana Tyres ... Petitioner -Versus1. The commissioner, Greater Corporation of Chennai, Rippon Building, Chennai - 600 003

2. The Assistant Commissioner, Greater Corporation of Chennai, Zonal Office-IX, Revenue Department, 4th Street, Lake Area, Chennai - 600 034 ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned notice of the second respondent dated 20.09.2018 DN111 and quash the same and further direct the first respondent to process the trade licence application made by the petitioner at the earliest. For Petitioner : Mr. S.Arivazhagan For Respondents : Mr.V.C.Selvasekar, Standing counsel

ORDER

This writ petition has been filed challenging the impugned notice under Section 379(A) of the Chennai City Municipal Corporation Act locking and sealing the petitioner's business premises on the ground that the petitioner is running the business without obtaining a trade licence from the respondent corporation.

2. The learned counsel appearing for the petitioner submitted that the petitioner has made an application before the Corporation by means of registered post on 29.09.2018. When the application is pending, now the respondents have locked and sealed the premises.

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3. I have heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondents and perused the materials available on records carefully.

4. Considering the fact that the petitioner's application is now pending with the second respondent, the second respondent is directed to consider the petitioner's application and pass orders on merits in accordance with law on or before 12.10.2018. Since the petitioner's premises has been locked and sealed, pending the application, the respondents are directed to remove the lock and seal enabling the petitioner to remove the goods. However, the petitioner is not permitted to run any business in the premises without licence.

5. Accordingly, this writ petition is disposed of . No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mrp To

1. The commissioner, Greater Corporation of Chennai, Rippon Building, Chennai - 600 003

2. The Assistant Commissioner, Greater Corporation of Chennai, Zonal Office-IX, Revenue Department, 4th Street, Lake Area, Chennai - 600 034 +2cc to Mr.S.Arivazhagan, Advocate, S.R.No.69728 W.P.No.26293 of 2018 PA(CO) rrs 10/10/2018 https://hcservices.ecourts.gov.in/hcservices/