Kamaraj Kp v. The Madurai Corporation,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) Nos.9093, 9094, 9095, 9116, 9117, 9118, 9010, 9011, 9012, 9025, 9026 & 9030 of 2025 1.K.P.Kamaraj : Petitioner in WP(MD) No.12326 to 12329 of 2.C.Rajkumar : Petitioner in WP(MD) No.12327 of 2025 3.L.Vasuki : Petitioner in WP(MD) No.12328 of 2025 4.P.Inbanathan : Petitioner in WP(MD) No.12329 of 2025 Vs.
The Madurai Corporation, Rep by its Assistant Commissioner (Revenue), Anna Mazhigai, K.K.Nagar, Madurai District.
: Respondent (in all petitions) COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Order in Ma1u3/004485/2024 dated 21.04.2025 on the file of the respondent and quash the same as illegal and consequently forbearing the respondent from cancelling the license and evicting the petitioner from his shop in 1/6
Shop nos.8, 6, 5 and 4, Naganakulam Panchayat Commercial Complex, Narayanapuram, Madurai District without following the due process of law within the time frame stipulated by this Hon'ble court. For Petitioners : Mr.M.Mahaboob Fazil (in all petitions) for M/s. Roy and Roy Associates For Respondent : Mr.K.K.Kannan (in all petitions) COMMON ORDER These Writ Petitions have been filed challenging the cancellation of the license dated 21.04.2025 and seeking to forbear the respondent from cancelling the license and evicting the petitioner from Shop Nos. 8, 6, 5, and 4, situated in the Naganakulam Panchayat Commercial Complex, Narayanapuram, Madurai District, without following the due process of law.
2. Heard the learned counsel for the parties. By consent of both parties, these Writ Petitions are taken up for final disposal at the admission stage itself.
3. When the matter was taken up for hearing, the learned counsel for the respondent submitted that this is the second round of 2/6
litigation, as the earlier Writ Petition filed by the petitioner on 29.10.2024 in W.P.(MD) No.25403 of 2024 was disposed of with a direction to the respondent to obtain explanations from the petitioners, conduct an enquiry and afford them an opportunity of hearing before passing any orders, in accordance with law. Pursuant to the said direction, the respondent conducted the enquiry and passed the impugned orders, which are now under challenge in the present Writ Petitions.
4. In response, the learned counsel for the petitioners submitted that the respondent has not even considered the explanations submitted by the petitioners and has summarily rejected the same without assigning any valid reasons. Therefore, the impugned orders are liable to be set aside on the ground of violation of principles of natural justice.
5. In view of the submissions made and upon perusal of the materials placed on record, this Court finds that the impugned orders have been passed without proper consideration of the explanations submitted by the petitioners and without assigning adequate reasons. Accordingly, the impugned orders dated 21.04.2025 are set aside and the matter is remanded back to the respondent for fresh consideration. The 3/6
respondent is directed to consider the case of the petitioners, in the light of the order passed in W.P.(MD) No.25403 of 2024, dated 29.10.2024 and to pass appropriate speaking orders, after affording due opportunity to the petitioners, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
6. With the above directions, these writ petitions stand allowed. No costs. Consequently, the connected miscellaneous petitions are closed.
28.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6
To The Madurai Corporation, Rep by its Assistant Commissioner(Revenue), Anna Mazhigai, K.K.Nagar, Madurai District.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) Nos.12326 to 12329 of 2025 28.04.2025 6/6