Madras High CourtWP(MD)/15589/2017disposed of

P.Nizar Ahamed v. The Commissioner,

2017-12-06Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.15589 of 2017 and WMP(MD)No.12311 of 2017 P.Nizar Ahamed ... Petitioner Vs.

The Commissioner, Cumbum Municipality, Municipal Office, Cumbum, Theni District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus to call for the records relating to the impugned Final Notice made in Na.Ka.No.3097/2016/H1, on 25.07.2017 and quash the same and consequently direct the respondent to issue licence for running printing Mini Off-set printers in the premises D.No.15/18, Manjanakara Street, Cumbum, Theni District.

For Petitioner : Mr.V.Sitharanjandas For Respondent : Mr.R.Murugan

ORDER

This writ petition has been filed, seeking a writ of Certiorarified Mandamus to call for the records relating to the impugned Final Notice made in Na.Ka.No.3097/2016/H1, on 25.07.2017 and quash the same and consequently direct the respondent to issue licence for running printing Mini Off-set printers in the premises D.No.15/18, Manjanakara Street, Cumbum, Theni District. 2.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3.The learned counsel for the petitioner would submit that the petitioner is running a printing press at D.No.15/18, Manjanakara Street, Cumbum, Theni District. The petitioner on 27.03.2015, applied for licence for running the printing press and also paid necessary charges towards the same. While the application was pending, the respondent issued a notice on 25.10.2016, to close down the same. Despite his application for licence and a detailed explanation to the notice, the respondent once again on 25.07.2017 issued another notice, which is challenged in this writ petition. https://hcservices.ecourts.gov.in/hcservices/ 4.Heard both sides.

5.After some arguments, now the petitioner confined his prayer for considering his application for issuance of licence within a stipulated time, which submission was not seriously objected to by the learned counsel for the respondent.

6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondent to consider the application submitted by the petitioner for issuance of licence and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order. However, it is made clear that pending disposal of the above said application, no coercive steps be taken against the petitioner. 7.The writ petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Commissioner, Cumbum Municipality, Municipal Office, Cumbum, Theni District.

+1cc to M/S.V.Sitharanjandas, Advocate SR.No. 91170 ORDER MADE IN W.P(MD)No.15589 of 2017 06.12.2017 dsk JM/JC/SAR 1/21.12.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/