Madras High CourtWP(MD)/9268/2021closed

Gnana Sagaya Arokkiyaraja.S.D.J v. The Govt. Of Tamil Nadu

2023-11-28Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and WMP(MD)No.6981 of 2021 S.Gnana Sagaya Arokkiyaraja ... Petitioner Vs

1. The Govt. of Tamil Nadu, Rep. by its Secretary to Govt., Municipal Administration and Water Supply Dept., St.George Fort, Chennai 600 009.

2. The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai 600 028.

3. The Commissioner, Corporation of Madurai, Madurai 625 002.

4. The Asst. Commissioner (Revenue), Corporation of Madurai, Madurai 625 002.

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice issued by the 4th respondent in No.Ma.Va.4/0671/2020, dated 16.04.2021 and quash the same and consequently to direct respondents to extent of lease by six 1/4

months as per the petitioner representation, dated 14.12.2020. For Petitioner : Mr. Bartheeban.A For Respondents : Mr.K.S.Selvaganesan (R1,R2) Additional Government Pleader Mr.S.Vinayak (R3,R4)

O R D E R

This writ petition was filed challenging the cancellation of licence notice, dated 16.04.2021 issued by the fourth respondent and for the extension of period by six months.

2.The fourth respondent has filed a counter affidavit and the paragraph Nos.5 of the counter affidavit is extracted hereunder: "5). I respectfully submit that the license granted to the petitioner is subject to conditions. In a contractual obligation, without complying with the license conditions, the petitioner is not entitled for any extension of license. As on today the market is under the control and operated by the Corporation. The petitioner being a defaulter has no locus stand to claim before this Hon'ble Court. The petitioner as a matter of right is claiming exemptions from license fee against the conditions of license. There are no merits in the claim of the Writ Petitioner. The W.P (MD) No. 5436 of 2021 filed by the petitioner for, the same license is pending before this Hon'ble Court without any 2/4

interim order."

3.In view of the above, no further orders can be passed in this writ petition. Accordingly, this writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. 28.11.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No PNM To

1. The Secretary to Govt., Govt. of Tamil Nadu, Municipal Administration and Water Supply Dept., St.George Fort, Chennai 600 009.

2. The Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai 600 028.

3. The Commissioner, Corporation of Madurai, Madurai 625 002.

4. The Asst. Commissioner (Revenue), Corporation of Madurai, Madurai 625 002.

3/4

N.ANAND VENKATESH, J.

PNM ORDER IN and WMP(MD)No.6981 of 2021 28.11.2023 4/4