K.Kandasamy, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVEN W.P.(MD).No.20661 of 2017 and W.M.P.(MD)No.16952 of 2017 K.Kandasamy

...Petitioner

Vs.

The Commissioner, Madurai Corporation, Madurai.

...Respondent

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to renew the license for the petitioner's petty shop and consequently direct the respondent to not to remove the petitioner's shop situated in D.No.58, D.D.Main Road, Arapalayam, Madurai -16, on the basis of the petitioner's representation dated October 2017. For Petitioner : Mr.S.J.Jeyakumaran For Respondent : Mr.J.Gunaseelan Muthiah Government Advocate

O R D E R

By consent, this writ petition itself is taken up for final disposal.

2. Heard the learned Counsel for the petitioner and Mr.J.Gunaseelan Muthiah, learned Government Advocate, who takes notice for the respondent.

3. According to the petitioner, he was allotted with a petty shop in the year of 1998 by the respondent and due to his health issues, his wife took care of the shop from 2015 to 2017 and she had also paid the monthly rent without any default, but failed to apply for renewal of license. Thereafter, the petitioner has submitted a representation before the respondent seeking renewal of license for the said shop and as the same is kept pending, without any action, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

4. When the matter is taken up for hearing today, the learned

Counsel appearing for the petitioner submitted that it would suffice, if the representation of the petitioner is disposed of, by the respondent, on merits.

5. Considering the limited scope of the relief sought, this Court, without going into the merits of the case, directs the respondent to consider the representation of the petitioner and pass appropriate orders, on its own merit 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.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To The Commissioner, Madurai Corporation, Madurai.

+ 1 cc TO Mr.J.Gunaseelan Muthiah , Advocate in SR No. 86042 + 1 cc TO Mr.S.J.Jeyakumaran , Advocate in SR No. 86112 gk AE/MR KKR/SAR2/23.11.2017/2P/4C W.P.(MD).No.20661 of 2017 09.11.2017 https://hcservices.ecourts.gov.in/hcservices/