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Madras High CourtWP(MD)/27022/2023allowed

Pragathi v. The Commissioner Of Police

2023-11-09Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Pragathi ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, 2.The District Fire Officer, Fire and Rescue Services, Madurai District, 3.The Commissioner, Madurai Corporation, ... Respondents 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 pertaining to the impugned order in C.No. 45968/133/V2/2023-24 dated 06.11.2023 passed by the first respondent and quash the same as illegal and consequently direct the first respondent 1/4

to issue license for running Temporary Cracker Shop at No.35, Ramyapuliyadi, Thimma, Eswari, Kutty Vakaiyara Dharma Trust, Moondrumavadi, K.Pudur, Madurai to the petitioner. For Petitioner : Mr.Subash babu Senior Counsel for M/s.Subash Law Office For Respondents : Mr.A.Albert James Government Advocate for R.1 Mr.C.Satheesh Government Advocate for R.2 Mr.K.K.Kannan Standing Counsel for R.3

ORDER

Heard the learned Senior Counsel appearing for the writ petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the third respondent.

2. The petitioner wants to sell crackers. She needs temporary license for the same. The petitioner had earlier filed writ petition before this Court and pursuant to the direction given by this Court, the Commissioner of Madurai Corporation had issued trade receipt also. The 2/4

only reason why the impugned order has been passed by the first respondent is that the trade receipt has not been furnished. Now the trade receipt is available. The impugned order can no longer survive. Hence it is set aside. The first respondent is directed to issue license to the petitioner.

3. This writ petition is allowed accordingly. There shall be no order as to costs.

09.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Issue order copy on 09.11.2023.

To 1.The Commissioner of Police, Madurai City, 2.The District Fire Officer, Fire and Rescue Services, Madurai District, 3/4

G.R.SWAMINATHAN, J.

MGA 3.The Commissioner, Madurai Corporation, 09.11.2023 4/4