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Madras High CourtWP(MD)/18594/2024disposed of

M.Senthil v. The District Collector

2024-08-30Honourable Mr Justice N. Sathish Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR M.Senthil ... Petitioner Vs., 1.The District Collector, Tirunelveli District.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli.

3.The Sub Collector, Cheranmahadevi, Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 2 and 3 to transfer retail cracker license No.87/84-85 of the petitioners father name (Mani) to his name at the premises of shop in Door No.558, situated at Survey No.675/3A, Vikramasingapuram Part I Village, Ambasamudram Taluk, Tirunelveli District in the light of his representation dated 30.01.2024. 1/4

For Petitioner : Mr.C.Saravanakumar For Respondents : Mr.D.Gandhiraj Special Government Pleader

ORDER

This writ petition has been filed seeking for issuance of writ of mandamus directing the respondents 2 and 3 to transfer retail cracker license No. 87/84-85 of the petitioners father name (Mani) to his name at the premises of shop in Door No.558, situated at Survey No.673/3A, Vikramasingapuram Part I Village, Ambasamudram Taluk, Tirunelveli District in the light of his representation dated 30.01.2024.

2. It is the case of the petitioner that his father was granted license to sell crackers at the premises of Door No.558 in Survey No.673/3A, Vikramasingapuram Part-I Village, Ambasamudram Taluk, Tirunelveli District. Now, he passed away. Therefore, the petitioner has given application to the respondent for transfer of license in his name. The same is pending. The learned counsel further would submit that pursuant to the order of this Court in the earlier writ petition in W.P(MD).No.26885 of 2023, temporary license has been granted to the petitioner.

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3. The learned Special Government Pleader appearing for the respondents would submit that the license cannot be transferred automatically. However, when the petitioner applies for fresh license complying all the conditions required for granting license, the same will be considered on its merits.

4. Heard both sides.

5. Considering the said aspect, the respondents are directed to make visit the petition mentioned shop and if the petitioner makes a fresh application complying all the conditions normally imposed for granting license to sell the crackers, then the respondents are directed to consider the application and pass order on merits. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

30.08.2024 NCC : Yes/No Index : Yes/No Rmk 3/4

N.SATHISH KUMAR , J.

Rmk To 1.The District Collector, Tirunelveli District.

2.The District Revenue Officer, Tirunelveli District, Tirunelveli.

3.The Sub Collector, Cheranmahadevi, Tirunelveli District.

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