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Madras High CourtWP(MD)/16196/2015disposed of

M.Nasardeen v. The District Collector

2015-09-07Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.16196 of 2015 and M.P(MD)No.1 of 2015 M.Nasardeen

...Petitioner

Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, cum Additional District Magistrate, Dindigul District, Dindigul. ...Respondents Prayer:- This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent to renew the explosive cracker licence issued to the petitioner by considering the application preferred by the petitioner, dated 27.02.2015, within the time that may be stipulated by this Court. For petitioner : Mr.M.Mahaboob Athiff for Ajmal Associates For Respondents : Mr.S.Kumar, Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the second respondent to renew the explosive cracker licence issued to the petitioner by considering the application preferred by the petitioner, dated 27.02.2015, within a stipulated time.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

3. By consent, this Writ Petition itself is taken up final disposal.

4. It is averred in the petition filed in support of the Writ Petition that the petitioner is a resident of Kodaikanal Taluk, Dindigul District. The petitioner has been eking out his livelihood by running cracker shop after obtaining appropriate licence. The licence was initially granted on 29.10.2010 and thereafter, the same was extended upto 31.03.2013.

Thereafter, the petitioner made application, dated 27.02.2015, before the second respondent seeking renewal of the said licence. Since the same was not considered so far, the petitioner has https://hcservices.ecourts.gov.in/hcservices/

come forward with the Writ petition for the above stated relief.

5. The learned Additional Government Pleader on instructions submitted that the second respondent has called for report from the Tahsildar, Kodaikanal and after receiving the report, they would pass appropriate orders on the application of the petitioner.

6. Considering the submissions made on either side, without going into the merits of the matter, this Court directs the second respondent to send a communication to the Tahsildar, Kodaikanal to forward a report, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such report, the second respondent is directed to consider the same on merits and in accordance with law, within a period of four weeks thereafter. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner and it is for the second respondent to consider the same purely on merits. With the above direction, the Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar pm To 1.The District Collector, Dindigul District, Dindigul.

2.The District Revenue Officer, cum Additional District Magistrate, Dindigul District, Dindigul.

3.The Tahsildar, Kodaikanal.

+one cc to The Special Government Pleader, SR.No. 52418 Madurai Bench of Madras High Court, Madurai.

+one cc to M/s.Ajmal Associates, SR.No.52479 W.P(MD).No.16196 of 2015 and MP(MD)No.1 of 2015 07.09.2015 CSL/NGM-SS/15.09.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/