G.Kaanthaia vs The Commissioner
2021 Latest Caselaw 13321 Mad

                                                                             W.A.(MD).No.448 of 2019


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 06.07.2021

                                                     CORAM:

                                   The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
                                                     AND
                                     The Hon'ble Mrs.JUSTICE S.ANANTHI

                                            W.A.(MD).No.448 of 2019
                                                     and
                                           C.M.P(MD).No.3670 of 2019

                     G.Kaanthaia                                                ...Appellant

                                                      Vs.

                     The Commissioner,
                     Tenkasi Municipality,
                     Tenkasi,
                     Tirunelveli District.                                    ....Respondent

                     PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent Act, to
                     set aside the order dated 21.02.2019 made in W.P(MD).No.18196 of
                     2018 on the file of this Court and allow the above writ appeal.
                                   For Appellant      : Mr.F.X.Eugene

                                   For Respondent    : No appearance




                     1/4



https://www.mhc.tn.gov.in/judis/
                                                                                W.A.(MD).No.448 of 2019


                                                    JUDGMENT

[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]

The petitioner is aggrieved by order passed in the Writ Petition in

W.P(MD).No.18196 dated 21.02.2019, wherein he sought for issuance of

Writ of Mandamus to forbear the respondents from giving permission to

any other vendor to sell the hot beverages like milk, coffee, tea etc., in

the new bus stand in Tenkasi, Tirunelveli District.

2. The Writ Petition was dismissed on the ground that some

records were not produced by the appellant. However, we will not go by

such technicality, as the issue is whether the licensees of the shop inside

the bus stand complex are entitled to cook food articles in the shops by

using either a gas burner or any other type of burner. Admittedly there is

a bar for using the shops by cooking food. A condition imposed for

cooking is permissible in the place earmarked as hotel in the bus stand

complex. This position appears to be standard in all the bus stand

complexes in the State of Tamil Nadu. However, in the instant case, since

https://www.mhc.tn.gov.in/judis/ W.A.(MD).No.448 of 2019

the period of licences alleged to have given itself come to an end, we

dispose of this appeal with an observation that the respondent should

ensure that the conditions stipulated for the shops, which are given for

licence should be strictly adhered.

3. With the above observations, this Writ Appeal stands disposed

of. No costs. Consequently, connected miscellaneous petition is closed.

                                                                     (T.S.S.,J.)        (S.A.I.,J.)

                                                                                   06.07.2021

                     Index           : Yes/No
                     Internet        : Yes/No
                     kmm/sm

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Commissioner, Tenkasi Municipality, Tenkasi, Tirunelveli District.

https://www.mhc.tn.gov.in/judis/ W.A.(MD).No.448 of 2019

T.S.SIVAGNANAM, J.

and S.ANANTHI, J.

kmm/sm

Order made in W.A.(MD).No.448 of 2019

Dated:

06.07.2021

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