S.Sukumar v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 S.Sukumar ... Petitioner Vs.

The Executive Officer, Special Grade Town Panchayat, North Valliyoor, Tirunelveli District. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impunged order passed by the respondent vide his proceedings in Na.Ka.No.1042/2013 dated 26.02.2015 and quash the same as illegal and consequently direct the respondent to issue licence to the petitioner. For Petitioner : Mr.J.Selvam For Respondents : no appearance 1/3

ORDER

The learned counsel for the petitioner states that the letter sent by him to the petitioner has not elicited any response. The local body has issued the impugned order dated 26.02.205 cancelling the trade license issued to the petitioner. The reason set out in the impugned order is that the petitioner was causing pollution. In the affidavit filed in support of the writ petition, it is stated that after receiving notice, the petitioner has taken remedial measures and also submitted representation. But then, without considering the same, the impugned order came to be passed.

2. Since there is no representation on the side of the respondents, it is not possible for this Court to verify if the petitioner had really taken remedial steps. I therefore direct the respondents to pass order on the petitioner's representation after holding an enquiry. The order impugned in the writ petition will abide by the outcome of the said enquiry. The impugned order is put on hold till then.

3. The Writ Petition is disposed of on these terms. No costs. Consequently, connected miscellaneous petition is closed. 24.08.2023 Index : Yes / No Internet : Yes/ No rmi 2/3

G.R.SWAMINATHAN, J.

rmi 24.08.2023 3/3