Albert Santhoshkumar v. The Appellate Authority/Deputy Principal Secretary Cum Commissioner Of Revenue Administration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.11.2018
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.28301 of 2018 M.Albert Santhoshkumar .. Petitioner Vs.
1. The Appellate Authority/ Deputy Principal Secretary cum Commissioner of Revenue Administration, Chennai 5.
2. The Additional District Magistrate and District Revenue Officer, Erode District, Erode.
3. The Superintendent of Police, Erode District, Erode.
.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to pass orders on or before 31.10.2018 on the application for temporary license by way of interim direction in the application filed by the petitioner in Appeal for doing Manufacture of crackers at Survey Number 335/7 of Elathur Village, Elathur and Erode District, from 01.11.2018 to 15.11.2018 and to communicate the same to the 3rd respondent. For Petitioner : Mr.P.Rajavel For Respondents : Mr.E.Balamurugan Special Govt. Pleader
O R D E R
The petitioner has filed this Writ Petition seeking a direction to the first respondent to pass orders on or before 31.10.2018 on the application for temporary licence by way of interim direction in their petition.
2. Heard Mr.P.Rajavel, learned counsel appearing for the petitioner and Mr.E.Balamurugan, learned Special Government Pleader appearing for the respondent.
3. The petitioner submitted that pursuant to the license granted by the second respondent in Licence No.27/2012 they commenced manufacture of the fire works. The licence originally held by the petitioner was cancelled on 06.08.2018. Aggrieved by the said cancellation order, the petitioner has filed an Appeal before the Appellate Authority/Deputy Principal Secretary cum Commissioner of Revenue Administration on 01.10.2018 for consideration.
4. In the meanwhile, the petitioner also sought for the temporary licence, in view of the Diwali Festival. The temporary licence could not be granted as the period he sought for during the Diwali Festival was already over.
5. However, it is stated that the appeal before the first respondent is still pending. The first respondent is, therefore, directed to consider the petitioner representation and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and also affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.
5. With the above directions, this writ petition stands disposed of. No costs.
-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar jv To
1. The Appellate Authority/ Deputy Principal Secretary cum Commissioner of Revenue Administration, Chennai 5.
2. The Additional District Magistrate and District Revenue Officer, Erode District, Erode.
3. The Superintendent of Police, Erode District, Erode.
+1 CC to Mr.P.Rajavel,Advocate sr 79654.
+1 CC to The Govt. Pleader sr 80454.
W.P.No.28301 of 2018 VD(CO) SP(20/12/2018)