Judgment · High Court
Case at a glance
Outcome
Allowed
This writ petition is allowed
Provisions considered
Key paragraphs
- Para 55. In view of the same, the action of the respondents cannot be justified and the impugned notice and consequent proceedings are set aside. This writ petition is allowed. Consequently, M.P.No. 1 of 2008 is closed. No costs. Sd/Asst. Registrar/true copy/Sub Asst. RegistrarraTo1.The Assistant Revenue…
Judgment
IN THE COURT OF JUDICATURE AT MADRASDATED 09.02.2011CORAMTHE HONOURABLE MR. JUSTICE R. SUDHAKARW.P.No.7294 of 2008andM.P.No.1 of 2008 Buhari Sons Private LimitedRep.by its Manager C.M.B.Ashiq BuhariNo.19, Gandhi Irwin RoadEgmore, Chennai 600 008.. Petitioner-vs-1.The Assistant Revenue Officer Corporation of Chennai, Zone VII, No.1 Lake Area, 4th Cross Street Nungambakkam, Chennai-34.
The Zonal Officer VII Corporation of Chennai, Zone VII, No.1 Lake Area, 4th Cross Street Nungambakkam, Chennai-34.
The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.. Respondents Prayer: This petition is filed under Article 226 of the Constitutionof India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned Letter No. Ma.Aa.7/Va.Thu. Na.Ka.No.R6/0375/2008 dated Nil, signed on 19.03.2008 issued by the first respondent and the Notice bearing No.Roc.R6/0375/08 Div 105signed on 12.03.2008 and 15.03.2008 issued under Section 379(A) of Chennai City Municipal Corporation Act, 1919, by the respondents 1and 2 and quash the same and to forbear the respondents from sealing the petitioner's Tea Stall run at premises No.19 Gandhi Irwin Road, Egmore, Chennai 600 008 and/or taking any further steps as mentioned in the notice No.Roc.R6/0375/08Div 105 signed on 12.03.2008 and15.03.2008 issued under Section 379(A) of Chennai City MunicipalCorporation Act, 1919. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner :M/s M. Abdul NazeerFor Respondents : Mr.
Bharathidasan ORDERThis writ petition is filed to call for the records relating to the impugned Letter No. Ma.Aa.7/Va.Thu. Na.Ka.No.R6/0375/2008 dated Nil, signed on 19.03.2008 issued by the first respondent and the Notice bearing No.Roc.R6/0375/08 Div 105signed on 12.03.2008 and 15.03.2008 issued under Section 379(A) of Chennai City Municipal Corporation Act, 1919, by the respondents 1and 2 and quash the same and to forbear the respondents from sealing the petitioner's Tea Stall run at premises No.19 Gandhi Irwin Road, Egmore, Chennai 600 008 and/or taking any further steps as mentioned in the notice No.Roc.R6/0375/08Div 105 signed on 12.03.2008 and15.03.2008 issued under Section 379(A) of Chennai City MunicipalCorporation Act, 1919.2. The writ petitioner is running a restaurant at No. 19Gandhi Irwin Road in the name and style of Buhari Sons PrivateLimited. In the typed set of papers, renewal licence ending on31.03.2009 and further renewed upto 31.3.2009 has been produced.
3. The grievance of the petitioner is that without any justification, the respondents issued a notice under Section 379 A of the Chennai City Municipal Corporation Act 4 of 1909 stating that the petitioner is using the premises for running a Tea Stall with AMFwithout proper licence. Consequent to the notice dated 12.3.2008,another proceedings was issued on 19.3.2008 calling upon the petitioner to close the shop within 24 hours. In view of the same, this writ petition has been filed and at the time of admission, an interim order was passed on 25.3.2008. No counter has been filed sofar.
On going through the records produced by the petitioner, it is apparent that the respondents have acted arbitrarily and capriciously by issuing notices without even verifying their records as to whether there was a renewal of licence issued in favour of the petitioner. https://hcservices.ecourts.gov.in/hcservices/
Operative part
In view of the same, the action of the respondents cannot be justified and the impugned notice and consequent proceedings are set aside. This writ petition is allowed. Consequently, M.P.No. 1 of 2008 is closed. No costs. Sd/Asst. Registrar/true copy/Sub Asst. RegistrarraTo1.The Assistant Revenue Officer Corporation of Chennai, Zone VII, No.1 Lake Area, 4th Cross Street Nungambakkam, Chennai-34.2.The Zonal Officer VII Corporation of Chennai, Zone VII, No.1 Lake Area, 4th Cross Street Nungambakkam, Chennai-34.3.The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003.1 cc To Mr. M. Abdul Nazeer, Advocate, SR.95641 cc To MV.Bharathidasan., Advocate, SR.10098 WP No. 7294 of 2008rs(co)pmk.28.2.2011
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This writ petition is allowed
Which statutory provisions did this judgment involve?
ofChennai City Municipal Corporation Act, 1919 — s. 379(A); Chennai City MunicipalCorporation Act, 1919 — s. 379(A); Chennai City Municipal Corporation Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.