Madras High CourtWA(MD)/1098/2019disposed of

The Additional Chief Secretary v. S.Rajendran

2021-04-20Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.A.(MD) No.1098 of 2019 and CMP(MD).Nos.4923 and 9852 of 2019 Against WP(MD)No.20709 of 2018

1. The Additional Chief Secretary/ Commissioner of Revenue Administration, Revenue Administration Disaster Management and Mitigation Department, Ezhilagam, Chennai - 600 005.

2. The District Collector, Ramanathapuram, Ramanathapuram District.

3. The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

4. The Additional District Magistrate/ District Revenue Officer, Ramanathapuram, Ramanathapuram District.

5. The District Fire Service Officer, Ramanathapuram, Ramanathapuram District.

6. The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

7. The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

... Appellants/Respondents Vs S.Rajendran ... Respondent/Petitioner PRAYER: Appeal under Clause 15 of the Letters Patent, against the order dated 05.09.2019, passed in W.P(MD).No.20709 of 2018. Prayer in WP(MD). 20709 of 2018 :

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the first respondent's impugned order in RA.5 (1)15722/2018(E.A.No.01/2018), dated 13.09.2018 and quash the same as it devoid of merits and direct the first respondent to give 1/3

suitable recommendation to the fourth respondent to consider the change of address and renewal of licence No.4/2010 for the retail sale of fireworks and crackers for his new premises at Door NO.6/315-A, Lenin Street, Paramakudi Taluk, Ramanathapuram District by considering petitioner's representation dated 24.03.2017.

For Appellant :

Mr.K.P.Krishnadoss, Special Government Pleader For Respondents :

Mr.A.Haja Mohideen

JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.] This appeal filed by the Government is directed against the order dated 05.09.2019, passed in W.P(MD).No.20709 of 2018.

2. The said writ petition was filed by the first respondent herein, to quash the order passed by the first appellant, dated 13.09.2018, and give suitable recommendation to the fourth appellant to consider the change of address and renewal of licence for the retail sale of fireworks and crackers in the premises at Door No.6/315-A, Lenin Street, Paramakudi Taluk, Ramanathapuram District.

3. The writ petition was allowed by the impugned order. As of now, there may not be any necessity to adjudicate the correctness of the findings in the order passed in the writ petition, as the appellant-Department themselves has granted licence on 11.11.2020, to the respondent in the new address.

4. Recording the same, the writ appeal stands disposed of, on the said ground. Consequently, the legal issue which has been decided by the learned Writ Court is left open. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 2/3

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