High Court · 2025

W.P.No.2217 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 18.02.2025CORAM : THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.2217 of 2025and W.M.P.No.2565 of 2025B.Balaji ... PetitionerVs.1.The Commissioner, Greater Chennai Corporation, Ribbon Buildings, Chennai – 600 003.2.The Deputy Commissioner, Revenue & Finance, Greater Chennai Corporation, Ribbon Buildings, Chennai – 600 003.3.The Regional Deputy Commissioner (Central), Greater Chennai Corporation, Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai – 600 030.4.The Zonal Officer (I/c), Zone-10, Greater Chennai Corporation, No.117, NSK Road, Kodambakkam, Chennai – 600 024.5.The Senior Revenue Officer, Revenue Department Zone – 10, Greater Chennai Corporation, No.117, NSK Road, Kodambakkam,Page No.1 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2217 of 2025 Chennai – 600 024.6.Malini Ravindran7.The Director of Municipal Administration, Chepauk, Chennai – 600 005.(R7 suo motu impleaded by this Court vide order dated 18.02.2025 by JSNPJ)… RespondentsWrit Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings in Ma.A.10.Va.Thu.Na.Ka.No.R3/14606/2023 dated 18.12.2024 and Ma.A.10.Va.Thu.Na.Ka.No.R3/14606/2023 dated 27.12.2024 issued by the fifth respondent herein and quash the same and consequently direct the respondent Nos.1 to 4 to consider the petitioner's representation dated 31.12.2024 and 08.01.2025 for continuance of petitioner's trade in License Nos.10-132-0000406 and 10-134-007691 in the licensed premises of trade at Door No.340/96, Arcto Road, Kodambakkam, Chennai – 600 024.For Petitioner : Mr.T.SundaravadanamFor Respondents 1 to 5 : Mr.A.Arunbabu, Standing CounselFor Respondent 6 : Mr.T.Gowthaman, Senior Counsel for Mr.K.RahulPage No.2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2217 of 2025For Respondent 7 : M/s.R.L.Karthika, Government Advocate O R D E RThe relief sought by the petitioner in this writ petition is to call for the records relating to the impugned proceedings in Ma.A.10.Va.Thu.Na.Ka.No.R3/14606/2023 dated 18.12.2024 and Ma.A.10.Va.Thu.Na.Ka.No.R3/14606/2023 dated 27.12.2024 issued by the fifth respondent herein and quash the same and consequently direct the respondent Nos.1 to 4 to consider the petitioner's representation dated 31.12.2024 and 08.01.2025 for continuance of petitioner's trade in License Nos.10-132-0000406 and 10-134-007691 in the licensed premises of trade at Door No.340/96, Arcto Road, Kodambakkam, Chennai – 600 024.2. The case of the petitioner is that he is doing a small textile retail business in the name of M/s.Sri Amba Traders for the past 10 years with License/Permission of fifth respondent, for which trade license in New License Code: 10-132-0000406, Old License Code: 10-134-006615/2024-25 Page No.3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2217 of 2025was issued on 05.02.2024 and another license No. 10-134-007691 was issued on the same date, which was valid till 31.03.2025. Initially, the petitioner along with four other tenants, were occupying the said landed premises. Thereafter, two tenants vacated their premises and the petitioner entered into a lease agreement with the sixth respondent. After a series of litigation, in the form of various writ petitions and a civil suit, the petitioner was evicted from the premises, the legality of which is immaterial to the present Writ Petition.2.1. Meanwhile, the petitioner's trade license was cancelled vide order dated 14.06.2024, pursuant to which the petitioner had filed a Writ Petition in W.P.No.16847 of 2024, and the same was dismissed on 10.09.2024. Challenging the said Writ Petition, the petitioner has preferred an appeal in W.A.No.3028 of 2024, and the said Writ Appeal was disposed on 09.10.2024, permitting the petitioner to remove the goods from the shop and to challenge the cancellation of trade license in the manner known to law. It is in this background, the fifth respondent issued the impugned proceedings dated 18.12.2024 & 27.12.2024, pursuant to which, the petitioner submitted Page No.4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2217 of 2025his explanation on 31.12.2024 and 08.01.2025 to refrain from cancelling the trade license. Aggrieved by the same, the Petitioner has come forward with the present writ petition.3. Learned counsel for the petitioner would submit that pending writ petition, the fifth respondent has passed an order in Ma.A.10.Va.Thu.Na.Ka.No.R3/14606/2023 dated 06.02.2025 by withholding the trade license of the petitioner. Challenging the said order dated 06.02.2025, the petitioner has preferred an appeal before the first respondent as well as before the Director of Municipal Administration, Chennai on 08.02.2025 and 09.02.2025 respectively and the same is pending. Hence, he prayed this Court to direct the first respondent and the Director of Municipal Administration, Chennai to dispose of the same within a time frame to be fixed by this Court.4. Learned standing counsel appearing for the respondents 1 to 5 submitted that the Director of Municipal Administration, Chennai is not a party in this writ petition. Hence, this Court may suo-motu implead the Page No.5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2217 of 2025Director of Municipal Administration, Chennai as one of the respondents and issue direction to dispose of the aforesaid appeal dated 09.02.2025. 5. Heard the learned counsel on either side and perused the materials available on record.6. Considering the submission made by the learned counsel on either side, this Court suo-motu impleads the Director of Municipal Administration, Chennai as seventh respondent in this writ petition and issues the following directions:(i) The first respondent and the seventh respondent (suo-motu impleaded), both are directed to dispose of the petitioner's appeal dated 08.02.2025 & 09.02.2025 respectively, within a period of 60 days from the date of receipt of a copy of this order.(ii) Till the disposal of the aforesaid appeals, the respondents 2 to 5 are directed not to take any coercive steps against the petitioner.7. This writ petition is disposed of with the aforesaid observation and Page No.6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2217 of 2025directions. No costs. Consequently, connected miscellaneous petition is closed. 18.02.2025 Note: Registry is directed to carry out thenecessary amendment in the cause title.vmIndex:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoTo:1.The Commissioner, Greater Chennai Corporation, Ribbon Buildings, Chennai – 600 003.2.The Deputy Commissioner, Revenue & Finance, Greater Chennai Corporation, Ribbon Buildings, Chennai – 600 003.Page No.7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2217 of 20253.The Regional Deputy Commissioner (Central), Greater Chennai Corporation, Door No.36B, 2nd Cross Street, Pulla Avenue, Shenoy Nagar, Chennai – 600 030.4.The Zonal Officer (I/c), Zone-10, Greater Chennai Corporation, No.117, NSK Road, Kodambakkam, Chennai – 600 024.5.The Senior Revenue Officer, Revenue Department Zone – 10, Greater Chennai Corporation, No.117, NSK Road, Kodambakkam, Chennai – 600 024.6.The Director of Municipal Administration, Chepauk, Chennai – 600 005.J.SATHYA NARAYANA PRASAD,J.vmPage No.8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2217 of 2025 W.P.No.2217 of 202518.02.2025Page No.9 of 9