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Madras High CourtWP(MD)/28473/2023disposed of

Murugan v. The District Collector

2023-12-04Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.24517, 24520 and 24523 of 2023 Murugan ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Kanyakumari.

2.The Block Development Officer, Thovalai Vilalge Union, Kanyakumari District.

3.The Village President, Sagayanagar Village, Thovalai, Kanyakumari District.

4.Senthil Velmurugan ... Respondents (R4 is suo motu impleaded vide order dated 01.12.2023 in W.P.(MD)No.28473 of 2023 by GRSJ) 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling the entire records relating to impugned notice affixed by the 3rd respondent to seal the petitioner's shop situated at Shop No.1-37, Vellamadam Junction, Thovalai, Kanyakumari District and quash the same and consequentially directing the 3rd respondent to grant license to the petitioner to run the broiler shop.

For Petitioner : Mr.K.Govindarajan, For Mr.S.Vishnuvardhan.

For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader for R1 to R3.

Mr.Niranjan S.Kumar for R4.

ORDER

Heard both sides.

2.Admittedly, the petitioner has not obtained any license from the local body. Hence, the question of interfering with the impugned notification does not arise at all. The petitioner has given an application on 08.08.2023 for grant of license. The third respondent is directed to consider the same and dispose it of on merits and in accordance with law 2/4

within a period of four weeks from the date of receipt of a copy of this order. The rights of the petitioner as well as the impugned order will abide by the decision to be taken by the third respondent. 3.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 04.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias Issue order copy on 05.12.2023.

To:- 1.The District Collector, Kanyakumari District, Kanyakumari.

2.The Block Development Officer, Thovalai Vilalge Union, Kanyakumari District.

3.The Village President, Sagayanagar Village, Thovalai, Kanyakumari District.

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G.R.SWAMINATHAN, J.

ias 04.12.2023 4/4