Raja Muthu Santhar.H v. The District Revenue Officer And Additional District Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE H.Raja Muthu Santhar .. Petitioner Vs 1.The District Revenue Officer and Additional District Magistrate, Tirunelveli, Tirunelveli District - 627 009.

2.The Sub Collector and Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District - 627 414.

3.The Tahsildar, Cheranmahadevi Taluk Office, Tirunelveli District - 627 414.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents No.1 to 3 to grant Renewal to the petitioner's License No.7/2009-2010 by considering the petitioner's representation, 07.12.2021 and subsequent representation, dated 10.01.2022, within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Karunanithi For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3 to grant renewal to the petitioner's licence by considering the petitioner's representation, dated 07.12.2021 and 10.01.2022, within a time frame to be fixed by this Court.

2.It is the case of the petitioner that he has applied for renewal of licence for his fire crackers shop situated at Door No.53-F, Arasaradi South Street, Main Road, Cheranmahadevi Taluk, Tirunelveli District. His application for renewal of licence was rejected by the second respondent on 25.10.2021, on the ground that the petitioner has not submitted a consent letter from his landlord. Aggrieved by the same, the petitioner has preferred the statutory appeal before the first respondent in December 2021. He has also submitted representations, dated 07.12.2021 and 10.01.2022, seeking for early disposal of the appeal. Since his representations have 1/3

not been considered till date, he has filed this writ petition. 3.Heard Mr.R.Karunanidhi, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4.No prejudice will be caused to the respondents, if a direction is given to the first respondent to dispose of the statutory appeal filed by the petitioner, within a time frame to be fixed by this Court. The petitioner claims that he has been possessing the fire cracker licence ever since 2010 and he has been renewing the same periodically. His application seeking for renewal of his fire crackers licence was rejected by the second respondent on 25.10.2021, on the ground that the petitioner has not obtained consent letter from his landlord. Aggrieved by the same, he has preferred the statutory appeal before the first respondent. He seeks early disposal of the statutory appeal. He has already given representations, on 07.12.2021 and 10.01.2022. A direction given by this Court for early disposal of the statutory appeal will be in the interest of all the parties concerned.

5.Accordingly, this Court directs the first respondent to pass final orders on the petitioner's statutory appeal, within a period of twelve weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and his landlord Mr.Rooban and other necessary parties, whom the first respondent deems fit to enquire.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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 District Revenue Officer and Additional District Magistrate, Tirunelveli, Tirunelveli District - 627 009.

2.The Sub Collector and Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District - 627 414.

3.The Tahsildar, Cheranmahadevi Taluk Office, Tirunelveli District - 627 414.

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-10948[F] dated 09/03/2022 ) +1 CC to M/s.SPL GP ( SR-10601[F] dated 08/03/2022 ) 07.03.2022 NSN(CO) KB(17.03.2022) 3P 6C 3/3