V. Murugeshan v. The Tehsildar

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WPA/998/2023 V. Murugeshan Vs.

The Tehsildar Mr. Gopala Binnu Kumar ... for the petitioner Mr. V.D.Sivabalan ... for the respondent November 22, 2023 [SR] Item No.36 1.

The notice issued by the Tehsildar, Port Blair dated 27th September, 2023 is the subject matter of challenge in this writ petition.

2.

It appears that the Tehsildar, Port Blair has issued the notice restraining the writ petitioner to continue with the commercial activities upon the subject land till the permission is obtained from the competent authority.

3.

It appears that the premises is essentially used for residential purpose and one of the family members runs the photostat-copying centre.

4.

Under such circumstances, I direct the Tehsildar concerned to revisit the issue and decide as to whether any permission is required to be obtained from any competent authority for running the said small shop from the residence of the writ petitioner.

5.

I direct the Tehsildar to decide the issue after giving opportunity of hearing to the petitioner and any other authority required to be heard and dispose of the representation within a period of four weeks from the date of communication of this order.

6.

Till the matter is decided, the impugned order shall remain stayed.

7.

However, I make it clear that this order shall not influence the Tehsildar in deciding the matter afresh on consideration of relevant records and in accordance with law. 8.

The writ petition stands disposed of. However, there shall be no order as to costs.

9.

Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Soumen Sen, J. )