A.S.Jaleel vs The State Of Tamil Nadu
2021 Latest Caselaw 15978 Mad

                                                                                 W.A.No.468 of 2013

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 05.08.2021

                                                       CORAM

                                       THE HONOURABLE MR.JUSTICE T.RAJA
                                                    AND
                                    THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                                W.A.No.468 of 2013

                     A.S.Jaleel                                 ..   Appellant

                                                         -vs-

                     1. The State of Tamil Nadu
                        rep.by its Secretary to Government
                        Public Works Department
                        Fort St.George, Chennai 600 009

                     2. The Commissioner of Transport
                        Assistant Engineer, PWD
                        Building Maintenance
                        Town North Section
                        Coimbatore 640 001

                     3. The Regional Transport Officer
                        Coimbatore South
                        Coimbatore

                     4. The Executive Engineer
                        Public Works Department
                        Building Division (Operation
                         & Maintenance)
                        Coimbatore                              ..   Respondents

                     1/5


https://www.mhc.tn.gov.in/judis/
                                                                                     W.A.No.468 of 2013

                           Appeal filed under Clause 15 of the Letters Patent, against the order
                     dated 09.11.2012 made in W.P.No.39524 of 2006.

                                     For Appellant            ::    Mr.L.Chandrakumar

                                     For Respondents          ::    Mr.T.Arunkumar
                                                                    Government Advocate

                                                       JUDGMENT

(Judgment of the Court was made by T.RAJA, J.)

This writ appeal has been directed against the impugned order dated

9.11.2012 passed in Writ Petition No.39524 of 2006, wherein the prayer for

quashing the order dated 6.10.2006 in Letter No.1330/98/A2 of the

Executive Engineer, Public Works Department, Coimbatore, the fourth

respondent herein with a consequential direction to the respondents 3 & 4 to

grant renewal of licence to run the tea stall in the premises of the third

respondent to the appellant/writ petitioner for a further period of three years,

was refused by the learned single Judge.

2. We have heard the learned counsel appearing for the appellant/writ

petitioner and the learned Government Advocate appearing for the

respondents.

https://www.mhc.tn.gov.in/judis/ W.A.No.468 of 2013

3. Although the prayer sought for by the appellant/writ petitioner has

now become infructuous, the interim order dated 25.2.2014 passed by this

Court shows that the earlier order dated 12.3.2013 allowing the appellant to

run the bunk shop, was further continued and thereafter, the appellant was

also asked to pay the monthly rent for the bunk shop. Based on the further

payment made by the appellant, it is stated that the appellant has been

allowed to run the bunk shop in the premises of the third respondent.

Therefore, the appellant/writ petitioner is given liberty to make a fresh

application. If any such application is filed, taking into account the present

need, the third respondent shall consider the same, keeping in view the

earlier order dated 18.7.2006 passed in Writ Petition No.7517 of 2004,

wherein this Court had directed the respondents to give preference to the

appellant/writ petitioner. With this observation, the writ appeal stands

disposed of. No costs.

                     Speaking/Non speaking order                           (T.R.,J.) (C.S.N.,J.)
                     Index : yes/no                                               05.08.2021
                     ss

https://www.mhc.tn.gov.in/judis/ W.A.No.468 of 2013

To

1. The Secretary to Government Public Works Department Fort St.George Chennai 600 009

2. The Commissioner of Transport Assistant Engineer Public Works Department Building Maintenance Town North Section Coimbatore 640 001

3. The Regional Transport Officer Coimbatore South Coimbatore

4. The Executive Engineer Public Works Department Building Division (Operation & Maintenance) Coimbatore

https://www.mhc.tn.gov.in/judis/ W.A.No.468 of 2013

T.RAJA, J.

and C.SARAVANAN, J.

ss

W.A.No.468 of 2013

05.08.2021

https://www.mhc.tn.gov.in/judis/