Poosathurai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Poosathurai ... Petitioner Vs The District Collector, Office of the Collectorate Building, Tenkasi District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondent to issue Brick klin registration certificate in respect of survey no. 722/6, 722/7 at Rayagiri 1st part village, Sivagiri Taluk, Tenkasi by considering the petitioner's application dated 05.01.2024 within a time frame fixed by this Court. For Petitioner : Mr. D.S.Haroon Rasheed For Respondent : Mr.D.Gandhiraj Special Government Pleader 1/4

O R D E R

This Writ Petition has been filed seeking direction to the respondent to issue Brick klin registration certificate in respect of survey no. 722/6, 722/7 at Rayagiri 1st part village, Sivagiri Taluk, Tenkasi by considering the petitioner's application, dated 05.01.2024.

2.Heard Mr.D.S.Haroon Rasheed, learned counsel appearing for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondent.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. It is the case of the petitioner that he is running a Brick klin in S.No.722/6 & S.No.722/7 at Rayagiri 1st part village, Sivagiri Taluk, Tenkasi. For that, the respondent has issued the registration certificate, dated 15.12.2015 for a period of one year from 15.12.2015 to 14.12.2016. Thereafter, the petitioner could not renew the licence, due to his financial condition. Now, the petitioner once again sent an application to the respondent on 05.01.2024, either to renew the 2/4

license or to give fresh license. However, the same is not considered. Hence, this writ petition came to be passed.

5.Considering the limited relief sought for by the petitioner, there shall be a direction to the respondent to consider the petitioner's application, dated 05.01.2024, on its own merits and pass appropriate orders in accordance with law, after making due enquiry, within a period of one month from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the case or the claim of the petitioner and it is open to the respondent to consider the same on its own merits.

6. With the above direction, this writ petition is disposed of. No costs.

16.08.2024 NCC : Yes/No Index : Yes/No PNM To The District Collector, Office of the Collectorate Building, Tenkasi District.

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N.SATHISH KUMAR , J.

PNM ORDER IN 16.08.2024 4/4