Madras High CourtWP(MD)/19588/2017closed

S.Nagarajan v. The Agastheeswaram

2017-10-25Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19588 of 2017 and W.M.P(MD)No.15860 of 2017 S.Nagarajan .. Petitioner Vs.

1.The Agastheeswaram Panchayat Union Council rep. by the Special Officer/BDO, Permalpuram, Via Kottaram, Kanyakumari District.

2.The Kovalam Village Panchayat rep. by the Executive Officer, Special Officer, Kovalam Panchayat, Kanyakumari District.

.. 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 the license under Section 160 of The Tamil Nadu Panchayat Act, 1994 to the petitioner for his business viz., M/s.Arun Prassadh Traders a small trade business involving in business of recycling waste polythene at Thanumalayamputhanthopu in Kovalam Village, Kanyakumari District within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents 1 & 2 : Mr.G.Muthukannan Government Advocate

ORDER

This writ petition is filed seeking a writ of Mandamus to direct the first respondent to issue license under Section 160 of The Tamil Nadu Panchayat Act, 1994 to the petitioner for running business of recycling waste polythene under the name and style of M/s.Arun Prassadh Traders at Thanumalayamputhanthopu in Kovalam Village, Kanyakumari District, within the time stipulated by this Court.

2.Mr.G.Muthukannan, learned counsel takes notice for the respondents.

3.By consent of both the parties, this writ petition is taken up for hearing at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 4.Heard both sides.

5.According to the petitioner, he continuously made applications to the respondents for grant of license under Section 160 of The Tamil Nadu Panchayat Act, 1994 for running business of recycling waste polythene under the name and style of M/s.Arun Prassadh Traders at Thanumalayamputhanthopu in Kovalam Village, Kanyakumari District. Subsequent to the filing of the writ petition, the petitioner also submitted a representation dated 19.10.2017 to the first respondent seeking to grant license for the same.

6.Today, when the matter is taken up for hearing, the learned counsel appearing for the respondents produced a copy of communication issued by the first respondent, dated 17.10.2017, wherein it is directed to shift the business to some other place. 7.Recording the same, this writ petition stands closed, leaving it open to the petitioner to seek appropriate legal remedy. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Special Officer/BDO, Agastheeswaram Panchayat Union Council, Permalpuram, Via Kottaram, Kanyakumari District.

2.The Executive Officer/Special Officer, Kovalam Village Panchayat, Kanyakumari District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 83739 +1cc to M/s.T.LAJAPATHI ROY Advocate in SR. No. 83527 SMN JS/KP/SAR.2/26.10.2017/2P-5C ORDER MADE IN W.P(MD)No.19588 of 2017 and W.M.P(MD)No.15860 of 2017 25.10.2017 https://hcservices.ecourts.gov.in/hcservices/