J.C.Williams vs The Commissioner
2021 Latest Caselaw 12809 Mad

                                                                              W.A.No.1128 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 30.06.2021

                                                           CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                  W.A.No.1128 of 2021
                                                and C.M.P.No.7097 of 2021


                     J.C.Williams                                                    .. Appellant

                                                            Vs

                     The Commissioner,
                     Coimbatore Corporation,
                     Coimbatore.                                                  .. Respondent

                               Appeal filed under Clause 15 of Letters Patent against the order

                     dated 29.01.2021 made in W.P.No.35343 of 2019.


                               For Appellant           :     Mr.R.Rajarajan

                               For Respondent          :     No appearance



                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

We have heard Mr.R.Rajarajan, learned counsel appearing for the

appellant.

https://www.mhc.tn.gov.in/judis/ W.A.No.1128 of 2021

2. Despite service of notice and the name of the respondent

having been printed in the cause list, there is no representation on

behalf of the respondent.

3. The appellant is a registered licensed Building Surveyor Grade

I of the respondent. By the impugned order, the respondent

unilaterally cancelled the licence granted to the appellant on the

ground that he had given a wrong building plan. Therefore, the licence

was cancelled on the premise that false information has been given

with respect to the lay out. The learned Single Judge went into the

merits and dismissed the writ petition.

4. Learned counsel appearing for the appellant submitted that

having found that the appellant has not been heard, the learned Single

Judge ought not to have gone into the merits of the case. We find

merit in the said submission. Once it is found that the order suffers

infirmity for want of notice especially when it is of civil consequence,

the learned Single Judge ought not to have gone into the merits.

https://www.mhc.tn.gov.in/judis/ W.A.No.1128 of 2021

5. In such view of the matter, the order of the learned Single

Judge stands set aside and the writ appeal stands allowed.

Consequently, the respondent is given liberty to proceed afresh after

giving show cause notice to the appellant. The proceedings will have to

be concluded within a period of eight weeks from the date of receipt of

a copy of this judgment. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                       (M.M.S., J.)    (R.N.M., J.)
                                                                               30.06.2021
                     Index:Yes/No
                     mmi/ssm


                     To

                     The Commissioner,
                     Coimbatore Corporation,
                     Coimbatore.

https://www.mhc.tn.gov.in/judis/ W.A.No.1128 of 2021

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.1128 of 2021

30.06.2021

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