Madras High CourtWP(MD)/3046/2022disposed of

Bama .J v. The Commissioner

2022-02-16Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.3046 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.3046 of 2022 J.Bama ... Petitioner Vs.

1.The Commissioner, Madurai Municipal Corporation, Aringar Anna Maligai, Outpost, Thallakulam, Madurai - 625 002.

2.The Assistant Commissioner (Revenue), Aringar Anna Maligai, Outpost, Thallakulam, Madurai - 625 002.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to transfer the title of the Bunk shop situated at No.180, Puthu Thoppu Main Road facing West Masi Street, Kattisatti Mandabam which was earlier granted to Late N.Veerasamy in favour of the petitioner and permit her to carry out her business on the basis of the representation of the petitioner dated 31.01.2022. For Petitioner : Mr.S.Chandrasekar For Respondents : Mr.S.Vinayak Standing Counsel

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to transfer the license for the Bunk shop situated at No.180, Puthu Thoppu Main Road facing West Masi Street, Kattisatti Mandabam in favour of the petitioner in place of the petitioner's brother-in-law N.Veerasamy who is no more, based on the representation of the petitioner dated 31.01.2022 within a time frame to be fixed by this Court.

2.According to the petitioner, the above referred bunk shop was licensed to his late brother-in-law N.Veerasamy by the respondents and in view of his death, the petitioner has given a representation for transfer of license in his favour. The representation is dated 31.01.2022. Since the said representation has not been considered till date, he has filed this writ petition.

3.Heard Mr.S.Chandrasekar, learned Counsel for the writ petitioner and Mr.S.Vinayak, learned Standing Counsel who accepts https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.3046 of 2022 notice on behalf of the respondents.

4.No prejudice would be caused to the respondents if the representation of the petitioner dated 31.01.2022 is considered on merits and in accordance with law. The petitioner seeks for transfer of license for the abovementioned bunk shop in his favour in place of his late brother-in-law N.Veerasamy.

5.For the foregoing reasons, this Court directs the respondents to consider the petitioner's representation dated 31.01.2022 seeking for transfer of license for the bunk shop situated at No.180, Puthu Thoppu Main Road facing West Masi Street, Kattisatti Mandabam in his favour in place of his brother-in-law late N.Veerasamy and pass final orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: 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. To 1.The Commissioner, Madurai Municipal Corporation, Aringar Anna Maligai, Outpost, Thallakulam, Madurai - 625 002.

2.The Assistant Commissioner (Revenue), Aringar Anna Maligai, Outpost, Thallakulam, Madurai - 625 002.

+1 CC to M/s.S.VINAYAK, Advocate ( SR-7160[F] dated 18/02/2022 ) +1 CC to M/s.S.CHANDRA SEKAR, Advocate ( SR-6565[F] dated 16/02/2022 ORDER MADE IN W.P.[MD]No.3046 of 2022 16.02.2022 CK(CO) TR(02.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2