P.Rajasekar v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2020
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2013 P.Rajasekar ... Petitioner Vs.
1.The Director, Medical, Rural Health Services and Family Welfare Department, DMS Compound, Chennai-6.
2.The Joint Director, Health Services, Government Head Quarters Hospital Campus, Dindigul District, Dindigul.
3.The General Manager, Dindigul District Co-operative, Milk Producers Union Limited, Upstairs-160, No.9, East Govinthapuram, Dindigul District.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second and third respondents to consider the claim of the petitioner to provide renewal license for the year 2013-2014 in respect of running Aavil Milk retail depot in the premises of the second respondent, Government Hospital Campus, Dindigul within the time stipulated by this Court.
For Petitioner : Mr.T.Lajapathi Roy For R1 and R2 : Mr.M.Rajarajan Government Advocate For R3 : Mr.Mareesh Kumar
O R D E R
Heard Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner, Mr.M.Rajarajan, learned Government Advocate appearing for the first and second respondents and Mr.Mareesh Kumar, learned counsel appearing for the third respondent.
2. The petitioner is a licensee under the third respondent. He has been permitted to run Aavin milk retail depot within the premises of Government Hospital Campus, Dindigul. The petitioner has to pay license fee annually. It appears that he had committed 1/3
default.
Therefore, the third respondent took action for terminating the license. That led to the filing of the instant writ petition.
3. When the matter was taken up for final hearing, it is submitted that even in the month of June, 2020, the petitioner had paid a sum of Rs.1,00,000/-. The petitioner's counsel fairly admits that the petitioner is still in arrears.
4. This Court made it clear that the petitioner can continue to be a licensee under the third respondent, only if arrears of license fee are cleared in full. The learned counsel wanted me to take judicial notice of the prevailing pandemic and wanted this Court to permit the petitioner to clear the arrears in easy installment.
5. The learned standing counsel asserts that current liability of the petitioner has been quantified of Rs.2,77,304/-. The petitioner shall clear it in four monthly installment. The first installment will commence on 03.08.2020. The petitioner has to scrupulously clear the arrears. Even if one of the installments is left unpaid, the benefit of this order will stand automatically vacated. The petitioner ofcourse, has to pay the license fee for the upcoming years also. So long as the petitioner is paying the license fee and there are no arrears, the petitioner can continue to be a licensee subject to the general norms and policy of the third respondent.
In other words, the petitioner will not be discriminated, but he has to necessarily abide by the policies, that may be issued by the third respondent from time to time. The moment the petitioner clears the outstanding liability as quantified above, the respondents shall issue necessary directions renewing the license of the petitioner.
6. This writ petition is disposed of.
No costs.
Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) ta In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Director, Medical Rural Health Services and Family Welfare Department, DMS Compound, Chennai-6.
2.The Joint Director, Health Services, Government Head Quarters Hospital Campus, Dindigul District, Dindigul.
22.07.2020 SMA/06/08/2020/3P/3C 3/3