Arumugam.S v. The Deputy Inspector General Of Police/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN S.Arumugam ... Petitioner Vs.

1.The Deputy Inspector General of Police/ The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Tirunelveli City Police Station, Tirunelveli Town.

(Crime No.12 of 2023) .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent in his Na.Ka. G6/6605/2023 dated 07.07.2023 and quash the same as illegal and consequently, there on directing the 1st respondent renew the permanent crackers business license granted for the period 01.04.2023 to 31.03.2024, to the shop No.82, situated at No. 22-H, Thondar Sannathi Bazar, Tirunelveli Town, by considering the 1/5

petitioner's application, dated 17.03.2023.

For Petitioner : Mr.S.Raja Jeyachandra Pal For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

This writ petition has been filed challenging the impugned order passed by the 1st respondent in his Na.Ka. G6/6605/2023 dated 07.07.2023.

2.Heard the counsel on either side.

3.The grievance of the petitioner is that in spite of renewal application that was presented by him on 11.02.2022, the above said renewal application was rejected by the respondent herein citing pendency of criminal case against this petitioner. Therefore, again on 17.03.2023, he has given new application. That was also rejected by the impugned order passed by the 1st respondent in his Na.Ka. G6/6605/2023 dated 07.07.2023 citing the pendency of the criminal cases namely C.C.No.711 of 2023 on the file of the learned Judicial Magistrate No.IV, Tirunelveli. It is brought to the notice of this Court that the above said 2/5

C.C.No.711 of 2023 has been quashed by this Court by the order passed in Crl.O.P.(MD).No.11263 of 2023 dated 23.06.2023. Before that the Crime No.1444 of 2019, registered against the petitioner, was also quashed by this Court vide order passed in Crl.O.P.(MD).No.15277 of 2019. Therefore, as on date no case is pending against him. But, however, without noting the quashment of the C.C.No.711 of 2023, the rejection order has been passed.

4.The learned Government Advocate (Crl. Side) may inform the respondent with regard to the earlier order passed by this Court in Crl.O.P.(MD).No.11263 of 2023 quashing the C.C.No.711 of 2023 on the file of the learned Judicial Magistrate No.IV, Tirunelveli. The respondent shall pass fresh order in the light of the above said development, within a period of fifteen days from the date of receipt of a copy of this order. 5.With the above said directions, this writ petition stands disposed of.

11.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM 3/5

To 1.The Deputy Inspector General of Police/ The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Tirunelveli City Police Station, Tirunelveli Town.

(Crime No.12 of 2023) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J TM Order made in Dated : 11.10.2023 5/5