Madras High CourtWP(MD)/5502/2020disposed of

Esakkiammal v. The District Collector

2020-03-18Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD) No.5502 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.5502 of 2020 Esakkiammal ... Petitioner /vs./ 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Divisional Engineer , (Construction and Maintenance), Highways Department, Palayamkottai, Tirunelveli District.

3.The Assistant Divisional Engineer, (Construction and Maintenance), Highways Department, Palayamkottai, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 to renew the license of the petitioner for running a petty shop on the basis of the petitioner's representation dated 01.03.2020.

For Petitioner : Mr.A.B.Jeeva For Respondents : Mr.S.Dayalan Government Advocate

ORDER

The petitioner namey, Esakkiammal has filed the present Writ Petition in the nature of Mandamus seeking a direction against the second and third respondents, namely, The Divisional Engineer, (Construction and Maintenance), Highways Department, Palayamkottai, Tirunelveli District and the Assistant Divisional Engineer, (Construction and Maintenance), Highways Department, Palayamkottai, Tirunelveli District, to renew the license of the petitioner, who is running a petty shop. In this connection, the petitioner had given a representation dated 01.03.2020.

2. In the affidavit filed in support of the Writ Petition, the petitioner has stated that she is a physically challenged woman and under such quota, she was given a license to run a petty shop by the second respondent. It had been stated that she has been running the shop from the year 2012. There were proceedings refusing to renew the license. The petitioner filed a Writ Petition in W.P. (MD).No.4100 of 2014 and this Court had ordered that the District Traffic Committee may recommend the case of the petitioner, seeking renewal of license. It is stated that the petitioner had given a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.5502 of 2020 further representation on 01.03.2020.

3. The second respondent is directed to examine the representation given by the petitioner, issue notice to the petitioner, give opportunity of personal hearing and thereafter, take a decision, whether to renew the license or not. At any rate, the order should be passed with reasons. The second respondent may pass orders in the aforesaid manner on or before 17.04.2020.

4. With the above observations, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Divisional Engineer , (Construction and Maintenance), Highways Department, Palayamkottai, Tirunelveli District.

3.The Assistant Divisional Engineer, (Construction and Maintenance), Highways Department, Palayamkottai, Tirunelveli District.

+1 CC to M/s.SPL.GP ( SR-12437[F] dated 19/03/2020 ) W.P.(MD) No.5502 of 2020 18.03.2020 SMA/07/05/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2