Madras High Court
S.Rajendran vs The Additional District ... on 7 October, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)NO.1920 OF 2021
and
C.M.P(MD)Nos.8470, 8471 and 8474 of 2021
S.Rajendran :Appellant/Petitioner
.vs.
The Additional District Magistrate/
The District Revenue Officer,
Ramanathapuram,
Ramanathapuram District. : Respondent/Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.15352 of 2021, dated 31.08.2021.
For Appellant :Mr.R.Anand
for Mr.J.Pandidurai
For Respondent :Mr.P.Thilakkumar
Government Pleader
JUDGMENT
*************
[Judgment of the Court was made by M.DURAISWAMY,J.]
Challenging the order passed in W.P(MD)No.15352 of 2021,
the Writ Petitioner has filed the above Writ Appeal.
https://www.mhc.tn.gov.in/judis/
2.The appellant had filed the Writ Petition to issue a Writ of
Certiorarified Mandamus to call for the records of the
respondent's impugned order, dated 02.08.2021 and to quash the
same and to direct the respondent to renew the licence No.4 of
2010 for the retail sale of fire works and crackers at Door No.
6/315-A, Lenin Street, Paramakudi Taluk, Ramanathapuram District
by considering the Petitioner's representations, dated 12.05.2021
and 10.6.2021, within a time frame.
3.The learned Single Judge taking into consideration the case
of both the parties, dismissed the Writ Petition finding that the
reasoning given by the respondent is proper and that the appellant
has got remedy by way of an appeal before the Additional Chief
Secretary/Commissioner of Revenue Administration, Revenue
Administration, Disaster Management and Mitigation Department,
Ezhilagam, Chennai – 600 005.
4. On a perusal of the order, dated 02.08.2021, which is
impugned in the Writ Petition, it is clear that the respondent had
specifically stated that if the appellant is aggrieved over the order,
he should file an appeal before the Additional Chief
Secretary/Commissioner of Revenue Administration, Revenue
Administration, Disaster Management and Mitigation Department,
https://www.mhc.tn.gov.in/judis/
Ezhilagam, Chennai–600 005 within 30 days. The Petitioner without
exhausting the appeal remedy, has filed the Writ Petition under
Article 226 of the Constitution of India. When the learned Single
Judge taking into consideration the order passed by the respondent
as well as the availability of the appeal remedy, rightly dismissed
the appeal. We do not find any ground to interfere with the order
passed by the learned Single Judge. The Writ Appeal is devoid of
merits and accordingly, the Writ Appeal stands dismissed. In the
event of the appellant filing an appeal before the Additional Chief
Secretary/Commissioner of Revenue Administration, Revenue
Administration, Disaster Management and Mitigation Department,
Ezhilagam, Chennai–600 005, the Appellate Authority shall decide
the appeal, as expeditiously as possible. No costs. Consequently,
connected Miscellaneous Petitions are dismissed.
[M.D.,J.] [K.M.S.,J.]
07.10.2021
Index:Yes/No
Internet:Yes/No
vsn
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
https://www.mhc.tn.gov.in/judis/
the order that is presented
is the correct copy, shall be
the responsibility of the
advocate / litigant
concerned.
To
The Additional District Magistrate/
The District Revenue Officer,
Ramanathapuram,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis/
M.DURAISWAMY, J.
AND
K.MURALI SHANKAR, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1920 OF 2021
and
C.M.P(MD)Nos.8470, 8471
and 8474 of 2021
07.10.2021
https://www.mhc.tn.gov.in/judis/
