Madras High Court
Mahalakshmi vs S.Kannan on 6 July, 2021
W.A.(MD) Nos.376 of 2021
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.376 of 2021
Mahalakshmi ...Appellant
-Vs-
1.S.Kannan
2.The District Collector,
Nagercoil,
Kanyakumari District.
3.The Executive Officer,
Anjugramam First Grade,
Town Panchayat,
Anjugramam,
Kanyakumari District. ...Respondents
Prayer: Writ Appeal filed under Clause 15 of Letter Patent against the
order passed in W.P.(MD)No.9906 of 2019 dated 14.07.2020.
For Appellant : Ms.Tamil Malar for
Mr.T.Lajapathi Roy
For Respondents : Mr.R.Baskaran
Standing Counsel for Government
for R-2
R1 & R3 – No appearance.
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W.A.(MD) Nos.376 of 2021
JUDGMENT
[Judgment of the Court was made by T. S. SIVAGNANAM, J.,]
This appeal is directed against the order dated 14.07.2020 made in
W.P.(MD)No.9906 of 2019.
2.Though the first respondent has entered appearance, vakalat has
been returned and none appears for the first respondent. Though the
third respondent has been served and his name is printed in the cause list,
none appears for the third respondent.
3.We have heard Ms.Tamil Malar, learned counsel for the
appellant and Mr.R.Baskaran, learned Standing Counsel for the second
respondent.
4.The appellant is aggrieved by a portion of the order dated
14.07.2020 in W.P.(MD)No.9906 of 2019 filed by the first respondent
herein to quash the communication dated 16.03.2019 passed by the third
respondent herein.
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W.A.(MD) Nos.376 of 2021
5.The learned Writ Court granted liberty to the first respondent
herein to approach the third respondent by giving a fresh application for
running a lathe workshop and the application was directed to be
considered within the time frame. The appellant has not aggrieved by the
full order but aggrieved by the observation that status quo obtained
before the lock down will continue.
6.It is true that all the proceedings of the Government, Quasi
Government and Local bodies have been directed to be kept in abeyance,
pursuant to the directions issued by the Hon'ble First Bench of this
Court. In any event, as of now, the Government has relaxed various
conditions and it appears that the local bodies also started functioning.
Therefore, we direct the third respondent to process the application filed
by the first respondent within the reasonable time.
7.The learned counsel for the appellant submitted that the learned
Writ Court directed the first respondent to apply afresh for grant of
licence. Till date, he has not applied. Then, we make it clear that if the
first respondent does not apply for licence within the time period of eight
weeks from the date of receipt of a copy of this judgment, then the
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W.A.(MD) Nos.376 of 2021
benefit of the order of status quo granted by the Writ Court will not inure
in favour of the first respondent and the third respondent Town
Panchayat is entitled to take action against the first respondent. If the
first respondent is found to be lacking in qualification for appropriate
licence, then the first respondent should not be permitted to operate lathe
workshop.
8.With the above directions, this Writ Appeal is disposed of. No
costs.
[T.S.S. J.,] [S.A.I. J.,]
06.07.2021
Index : Yes/No
Internet : Yes
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.
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W.A.(MD) Nos.376 of 2021
To
1.The District Collector,
Nagercoil,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD) Nos.376 of 2021
T. S. SIVAGNANAM, J.,
and
S.ANANTHI, J.,
kmm/sm
W.A.(MD)Nos.376 of 2021
06.07.2021
https://www.mhc.tn.gov.in/judis/
