A.Ramamoorthi v. The Govt. Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ A.Ramamoorthi : Petitioner Vs.
1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Fort St. George, Chennai.
2.The District Collector, Ramanathapuram District, Ramanathapuram.
3.The District Revenue Officer and Additional District Magistrate, Ramanathapuram District.
4.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the third respondent to renewal of the petitioner's Fireworks Shop Licence Number 6/2007, Ramanathapuram District, based on the petitioner's representation dated 14.11.2018. For Petitioner : Mr.K.Seemaraj For Respondents : Mr.M.Rajarajan, Government Advocate ******
ORDER
The petitioner was running a Cracker Shop under Licence No.6/2007 approved by the second respondent/District Collector, Ramanathapuram District, for the past 14 years. He submitted an application for renewal on 12.07.2017. The same was rejected on the 1/3
ground that a tea shop is situated at a distance of 10 feet from the cracker shop, against which, an appeal was provided before the Principal Secretary/Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5, within a period of 30 days. Since the petitioner fell ill, he could not prefer any appeal. However, he made a representation to the respondents for renewal of his licence to run the cracker shop. Now, he has come before this Court for disposal of the said representation dated 14.11.2018.
2. Heard both sides.
3. Admittedly, the petitioner is suffered with an order of rejection at the hands of the third respondent. Thereafter, an appeal is available to him before the Principal Secretary/Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5. Without exhausting the remedy, making representation will not revive his licence or entitle him to get the licence renewed. The only course available to the petitioner is that he has to make an appeal before the Principal Secretary/Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5. Therefore, instead of giving a direction to dispose of the representation, the petitioner is directed to file an appeal before the Principal Secretary/Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5, within a period of two weeks from the date of receipt of a copy of this order. On such receipt of appeal, the Principal Secretary/Commissioner of Revenue Administration, is directed to dispose of the same on merits and as per law, within a period of twelve weeks thereafter.
4. The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) SML To 1.The Secretary to Government, Government of Tamil Nadu, Fort St. George, Chennai.
2.The District Collector, Ramanathapuram District, Ramanathapuram.
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3. The District Revenue Officer and Additional District Magistrate, Ramanathapuram District.
4. The Principal Secretary/Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai-5.
5.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.
+1 CC to SPL GP SR-93535.
+1 CC to M/s.K.SEEMARAJ, Advocate SR-93438.
Order made in Dated: 21.10.2019 CS(31.10.2019) 3P 8C 3/3