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Madras High CourtWP(MD)/4303/2020disposed of

K. Ramesh v. The Tahsildar

2022-02-22Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD)No.4303 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.4303 of 2020 and W.M.P.(MD)No.3621 of 2020 K.Ramesh

...Petitioner

/Vs./ 1.The Thasildar, Alangulam Taluk, Tenkasi District.

2.The Deputy Superintendent of Police, Alangulam Taluk, Tenkasi District.

3.The Inspector of Police, Paavur Chathiram Police Station, Alangulam Taluk, Tenkasi District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 1st respondent in his proceedings in O.Mu.A5/4224/2019 dated 13.02.2020 and quash the same and consequently, direct the first respondent to accord permission and license to the SAARAL RECREATION CLUB immediately within a time frame as fixed by this Court.

For Petitioner : Mr.S.Alagusundar For Respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor.

ORDER

This Writ Petition has been filed, aggrieved over the order passed by the first respondent dated 13.02.2020, rejecting the permission sought for to open recreation club. 2.Though several grounds have been raised in the Writ Petition, a perusal of the impugned order indicates that it is clearly non-application of mind by the authorities. There were no reasons assigned, while rejecting the application of the petitioner, except referring the letter from the Deputy Superintendent of https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4303 of 2020 Police, Alangulam and Sub-Inspector of Police, Paavur Chathiram. What was the nature of the letters referred and it contents have also not been referred in the impugned order. 3.In such view of the matter, the impugned order of the first respondent dated 13.02.2020 is set aside and the first respondent is directed to consider the application of the petitioner afresh and pass orders assigning proper reasons on merits. Such exercise shall be done within a period of three weeks from the date of receipt of a copy of this order.

4.In view of the aforesaid direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Myr 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 Thasildar, Alangulam Taluk, Tenkasi District.

2.The Deputy Superintendent of Police, Alangulam Taluk, Tenkasi District.

3.The Inspector of Police, Paavur Chathiram Police Station, Alangulam Taluk, Tenkasi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No.4303 of 2020 22.02.2022 RK(11/03/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2