Madras High CourtWP(MD)/20014/2017disposed of

S.Nagarajan, v. The Agastheeswaram Panchayat

2017-10-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20014 of 2017 and WMP(MD)Nos.16289 to 16291 of 2017 S.Nagarajan ... Petitioner vs.

1. The Agastheeswaram Panchayat Union Council, rep.by the Special Officer (Block Development Officer), Perumalppuram, via Kottaram, Kanyakumari District.

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

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus call for the records pertaining to the Impugned Order in Letter No. Na.Ka.No.A9/1561/17 dated 17.10.2017 on the file of the first respondent and quash the same as illegal and consequently for a direction 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.

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

O R D E R

This writ petition has been filed seeking to quash the impugned letter of the first respondent in Na.Ka.No.A9/1561/17 dated 17.10.2017 and consequently direct the first respondent to issue license under section 160 of the Tamil Nadu Panchayat Act 1994 to the petitioner's business viz., M/s.Arun Prassadh Traders, for recycling waste polythene at Thanumalayamputhanthopu in https://hcservices.ecourts.gov.in/hcservices/

Kovalam Village, Kanyakumari District.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.Though the writ petition has been filed seeking to quash the proceedings dated 10.10.2017, the petitioner now confined his prayer to the extent that the application for license be considered within the time to be stipulated by this Court, for which, the respondents have no serious objection. 4.Under such circumstances, the petitioner is directed to submit a copy of the application seeking license along with all the required certificates issued by the competent authorities to the respondents within a period of two weeks from the date of receipt of a copy of this order and on filing the same, the respondents shall consider the application and pass appropriate orders thereon on merits and in accordance with law within a period of four weeks thereafter.

5.The writ petition is disposed of with the above direction. No costs. Consequently, WMP(MD)Nos.16289 to 16291 of 2017 are closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Agastheeswaram Panchayat Union Council, rep.by the Special Officer (Block Development Officer), Perumalppuram via Kottaram, Kanyakumari District.

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

+ 1 cc TO Mr.T.Lajapathi Roy , Advocate in SR No. 84759 mj AE/MR KKR/SAR2/08.11.2017/2P/4C W.P(MD) No.20014 of 2017 31.10.2017 https://hcservices.ecourts.gov.in/hcservices/