Madras High CourtWA(MD)/285/2024dismissed

M.Gandhi Vel Murugan v. The District Collector

2024-03-04Honourable Mr Justice D. Krishnakumar,Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE P.DHANABAL W.A(MD)No.204 of 2024 and C.M.P(MD)Nos.2816 and 2818 of 2024 M.Gandhi Vel Murugan ... Appellant/Petitioner Vs.

1 The District Collector, Madurai District, Madurai.

2 The Commissioner of Corporation, Madurai Corporation, Corporation Office, 3 The Divisional Engineer, Highways (C and M), 4 The Assistant Engineer Tamil Nadu Electricity Board, K.K.Nagar Unit, K.K.Nagar, Madurai. ... Respondent/Respondents.

PRAYER : Appeal filed under Clause 15 of the Letters Patent Act, against the order dated 09.03.2016 passed in W.P(MD)No.23377 of 2015. For Appellant :Mr.Nihar Ali for M/s.S.M.A.Jinnah For R-1 & R-3 :Mr.S.P.Maharajan, Special Government Pleader For R-2 :No Appearance For R-4 :No Appearance

JUDGMENT

[Judgment of the Court was delivered by D.KRISHNAKUMAR, J.] This writ appeal is filed challenging the order of the learned Single Judge, dated 09.03.2016 passed in W.P(MD)No.23377 of 2015.

2. The appellant is the writ petitioner. The writ petitioner has filed the writ petition seeking for issuance of a Writ of Mandamus, forbearing the respondents, their officials, subordinates and servants from disturbing or

interfering with the writ petitioner's business at Madurai - Sivagangai Main Road, near Milk Factory, Madurai, by considering the writ petitioner's representation, dated 17.12.2015.

3. The said writ petition was disposed of by the learned Single Judge vide order, dated 09.03.2016, by recording that the writ petition in one way or the other is stalling the progress for taking over the possession and granted time to the writ petitioner to vacate the premises till 31.03.2016.

4. Challenging the said order of the learned Single Judge, the appellant/writ petitioner has filed this writ appeal on the ground that the appellant is having rights to run the petty shop as a licence holder and he has also applied for renewal of licence. However, the appellant has not produced any materials before this Court to that effect.

5. This Court in various decisions has clearly held that when the licence granted by the authorities for running a shop expires, the power of this Court is very limited in extending such licence. It is for the authorities to grant extension or renewal of licence.

6. Under such circumstances, the order of the learned Single Judge, need not be interfered with.

7. In the result, this writ appeal stands dismissed. No Costs. Consequently, connected Miscellaneous Petitions are closed. [D.K.K., J.] [P.D.B., J.] 04.03.2024 Index :

Yes / No PM To:

1 The District Collector, Madurai District, Madurai.

2 The Commissioner of Corporation, Madurai Corporation, Corporation Office, 3 The Divisional Engineer, Highways (C and M),

D.KRISHNAKUMAR , J.

and P.DHANABAL, J.

04.03.2024