P.Chandrasekaran v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19129 of 2017 and W.M.P(MD)No.15516 of 2017 P.Chandrasekaran .. Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, B6 Jaihindpuram (L&O) PS, Madurai City, Madurai.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to issue renewal of permanent crackers shop license for the period 01.04.2017 to 31.03.2018 for the shop situated at old No.49/1, New No.126, Valluvar North Street, Jaihindpuram 2nd Main Road, Madurai-625 011 based on petitioners application, dated 27.03.2017 and explanation, dated 09.10.2017. For Petitioner : Mr.A.Sivasubramanian For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the first respondent to renew the petitioner's crackers shop licence, based on his renewal application, dated 27.03.2017 and also his explanation, dated 09.10.2017.

2.Heard both sides.

3.According to the petitioner, he made a renewal application, dated 27.03.2017, to the first respondent, along with required fee, seeking to renew his cracker's shop licence, which was expired on 31.03.2017. The first respondent issued a show cause notice dated 05.10.2017, pointing out certain deficiencies and the petitioner also rectified the same and submitted his detailed explanation, on 10.10.2017.

4.The learned counsel for the petitioner would submit that it would be suffice, if the renewal application of the petitioner, dated 27.03.2017, is directed to be disposed of by the first respondent, based on his explanation and also as per law. 5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the application of the petitioner, dated 27.03.2017, for renewal of crackers shop licence, based on his explanation, dated 09.10.2017 and also rectification made by him, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner so as to produce the required certificates obtained from the authorities concerned, on or before 20.01.2018. It is directed that the interim order, dated 12.10.2017, is extended, till then.

6.The writ petition is disposed of as above. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (T & P) /True Copy/ Sub Assistant Registrar

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, B6 Jaihindpuram (L&O) PS, Madurai City, Madurai.

+1cc to M/S.A.SIVA SUBRAMANIAN, Advocate SR.No.92068. +1cc to Special Government Pleader in SR.No.92229. ORDER MADE IN W.P(MD)No.19129 of 2017 and W.M.P(MD)No.15516 of 2017 11.12.2017 smn SDS/SV:MMS/SAR 4/28.12.2017/3P/5C