Chandrasekar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.7045 of 2025 Chandrasekar ... Petitioner vs.
1.The District Collector, Tenkasi District, Tenkasi.
2.The Assistant Director, Department of Town and Country Planning, Tenkasi District, Tenkasi.
3.The Block Development Officer, Sankarankoil Panchayat Union, Sankarankoil, Tenkasi District.
4.The Special Officer, Kalappakulam Village Panchayat, Sankarankoil Taluk, Tenkasi District.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari Mandamus calling for the records relating to the impugned notice dated 10.03.2025 in proceedings in Na.Ka.No.BDOSKL/96/2024-A2 of the third respondent and quash the same as illegal and to direct the third respondent not to lock and seal the petitioner's premises situated in S.F.No.437/1B1 at Kalappakulam Village Panchayat, Sankarankoil Panchayat Union, Tenkasi District. For Petitioner : M/s.Lakshmi Gopinathan for Mr.M.Prabu For RR 1 & 2 : M/s.D.Farjana Ghousia Special Government Pleader For RR 3 & 4 : Mr.M.Sarangan Additional Government Pleader
ORDER
(Order of the Court was made by S.SRIMATHY, J.) Challenging the impugned notice issued by the third respondent dated 10.03.2025, the petitioner has filed the present Writ Petition.
2. In the said proceedings, the third respondent stated that the petitioner has not obtained license for running the market. 2/5
3. Heard M/s.Lakshmi Gopinathan, learned counsel appearing for the petitioner, M/s.D.Farjana Ghousia, learned Special Government Pleader appearing for the respondents 1 and 2 and Mr.M.Sarangan, learned Additional Government Pleader appearing for the respondents 3 and 4.
4. It is the specific grievance of the petitioner that the fourth respondent, while granting approval for construction, failed to direct the petitioner to get the separate license for running the shops.
5. Considering the facts and circumstances of the case, the petitioner is directed to submit an application before the authority concerned to obtain a license and such an application shall be submitted within a period of four weeks from the date of receipt of a copy of this order. On receipt of the application, the authority concerned shall consider and pass orders, within a period of eight weeks therefrom. Till then, the impugned order, dated 10.03.2025 passed by the third respondent, is kept in abeyance. In case the petitioner had defaulted to apply within the time stipulated by this Court, the authority concerned is permitted to take action in accordance with law.
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6.With the above terms, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [S.S.Y.,J.] 03.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Tenkasi District, Tenkasi.
2.The Assistant Director, Department of Town and Country Planning, Tenkasi District, Tenkasi.
3.The Block Development Officer, Sankarankoil Panchayat Union, Sankarankoil, Tenkasi District.
4.The Special Officer, Kalappakulam Village Panchayat, Sankarankoil Taluk, Tenkasi District.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 03.04.2025 5/5