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Madras High CourtWP(MD)/15953/2020disposed of

Suresh v. The Commissioner Of Revenue Administration

2020-11-11Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)No.13347 of 2020 Suresh ... Petitioner Vs 1.The Commissioner of Revenue Administration, Chepauk, Chennai-600 005.

2.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli.

3.The Revenue Divisional Officer, Srirengam, Tiruchirappalli.

4.The Tahsildar, Taluk Office, Manpparai.

5.The Deputy Superintendent of Police, Manapprai Sub Division, Manapprai-621 306, Tiruchirappalli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the second respondent to dispose the petitioner's appeal presented to the first respondent and remitted to the second respondent by the first respondent through proceedings in Na.Ka.No.VaNi.5(2)/37365/2019 (Me.Mu.No.16/19) dated 19.10.2020 and consequently, direct the third respondent to renew the petitioner's license bearing No.TN/TRI/07/2017-2018 for a period of one year from 01.04.2020 to 31.03.2021.

For Petitioner :

Mr.T.M.Madasamy For Respondents :

Mr.A.Muthukaruppan Additional Government Pleader

ORDER

This writ petition has been filed for a mandamus seeking for a direction to the second respondent to dispose of the petitioner's appeal presented to the first respondent and remitted to the second 1/3

respondent through proceedings dated 19.10.2020 within a time frame to be fixed by this Court and consequently, to direct the third respondent to renew the petitioner's fire crackers license for a period of one year from 01.04.2020 to 31.03.2021.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. The learned counsel for the petitioner, on instructions, would submit that the second limb of the prayer seeking for renewal of license from 01.04.2020 to 31.03.2021 is not required, since the respondents have already renewed the license of the petitioner for a period of one year. However, the learned counsel for the petitioner insists that the appeal filed by the petitioner before the first respondent, which has been remitted to the second respondent by the first respondent for consideration, has to be disposed of, as expeditiously as possible.

4.According to the petitioner, temporary license has been issued and the petitioner requires permanent license for selling fire crackers at his place of business, which is the subject matter of consideration in the appeal pending on the file of the second respondent. No prejudice would be caused to the respondents, if the statutory appeal filed by the petitioner, which is pending on the file of the second respondent, is disposed of expeditiously. 5.For the forgoing reasons, this Court directs the second respondent to consider the petitioner's appeal in Na.Ka.No.VaNi.5 (2)/37365/2019(Me.Mu.No.16/19) dated 19.10.2020 and pass final orders on merits and in accordance with law after giving sufficient opportunity to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Ta Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. 2/3

To 1.The Commissioner of Revenue Administration, Chepauk, Chennai-600 005.

2.The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli.

3.The Revenue Divisional Officer, Srirengam, Tiruchirappalli.

4.The Tahsildar, Taluk Office, Manpparai.

5.The Deputy Superintendent of Police, Manapprai Sub Division, Manapprai-621 306, Tiruchirappalli District.

+1 CC to M/s.GP ( SR-22086[F] dated 18/11/2020 ) 11.11.2020 SE(CO) AP(24/11/2020) 3 P 7C 3/3