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Madras High CourtWP/27606/2018disposed of

B.Jagadeesan v. The Commissioner Of Police

2018-11-12Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.27606 of 2018 B. Jagadeesan ... Petitioner

Versus

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7.

2. The Joint Commissioner of Police, East Zone, Chennai - 600 008.

3. The Deputy Commissioner of Police, Kilpauk District, Chennai.

4. The Inpector of Police, K2 Ayanavaram Police Station, Chennai - 23.

...

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents herein to consider the petitioner's representation dated 27.09.2018 and consequently directing the respondents to grant permission to renewal of his License No.G.1862/GYM/K2/EZ/2014 the petitioner to run a SURESH Gym at 11, Gnamambal Garden 1st Street, Ayanavaram, Chennai-23.

For Petitioner :

Mr.Senthil Vel For Respondents:

Mr.V.Shanmuga Sundar Special Government Pleader

O R D E R

With consent of both sides, the writ petition is taken up for final hearing at the admission stage.

2. The petitioner has filed this writ petition seeking for

issuance of writ of mandamus directing the respondents to consider the petitioner's representation dated 27.09.2018 and consequently directing the respondents to grant permission to renewal of his License No.G.1862/GYM/K2/EZ/2014 to run a SURESH Gym at 11, Gnamambal Garden 1st Street, Ayanavaram, Chennai-23.

3. Admittedly, the petitioner has been running a Gym as per the license issued by the first respondent in License number mentioned above. The petitioner had submitted an application for renewal of the license and the same was rejected by the Additional Commissioner of Police (Headquarters), Greater Chennai, on the ground that there is a partition case, which is pending between the family. But the partition case and the Execution Petition were disposed and the said Gym is now within the premises of the petitioner, based on which he is now claiming the renewal of the license. However, the same is not renewed by the authorities on the ground that the other siblings of the petitioner have given objection. Already a Civil Court has determined the right of the parties. The authorities have to only see the compliances of any other conditions for the issuance of the license.

4. Accordingly, the respondents are directed to consider the application filed by the petitioner for renewing the license dated 27.09.2018 after giving notice and affording opportunity of personal hearing to the petitioner as well as any of the interested parsons and pass appropriate orders on merits and in accordance with law. The above exercise may be completed within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rsi To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai - 7.

2. The Joint Commissioner of Police, East Zone, Chennai - 600 008.

3. The Deputy Commissioner of Police, Kilpauk District, Chennai.

4. The Inpector of Police, K2 Ayanavaram Police Station, Chennai - 23.

+1cc to Mr.S.Senthil Vel, Advocate, S.R.No. 77120 +1cc to the Government Pleader, S.R.No. 77698 W.P.No.27606 of 2018 CP(CO) GN(11/12/2018)