Madras High Court
A1596 vs The Executive Officer on 27 September, 2022
W.P(MD)No.4870 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.09.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.4870 of 2013
and
M.P(MD)No.2 of 2013
A1596, Peraiyur Primary Agricultural
Co-operative Credit Society Limited,
Peraiyur Post and Taluk, Madurai District,
Represented by its Secretary,
Peraiyur, Madurai District. ... Petitioner
Vs.
1.The Executive Officer,
Peraiyur Town Panchayat,
Maduai District.
2.The Town Panchayat Council,
Peraiyur Town Panchayat,
Peraiyur, Madurai District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus,
calling for the records relating to the proceedings of the impugned order
in Na.Ka.No.64/2012, dated 10.10.2012, on the file of the first
respondent and quash the same and further directing the respondents to
1/5
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W.P(MD)No.4870 of 2013
grant license to run private cart stand and pass such further or other
orders as this Court.
For Petitioner : M/s.S.Selva Aditya
for Mr.G.Prabhu Rajadurai
For Respondents : M/s.A.Baskaran
Additional Government Pleader
ORDER
The present Writ Petition has been filed challenging an order
passed by the first respondent herein, under which, the request of the
petitioner for grant of license for running a private cart-stand was
rejected.
2. A perusal of the impugned order indicates that the said request
for license has been rejected, on the ground that already the first
respondent Town Panchayat is running a cart-stand and hence, any
license to the writ petitioner for running a private cart-stand would result
in financial loss to the first respondent Town Panchayat. The impugned
order has also pointed out that the petitioner has not obtained building
plan approval for the tin sheds that are being laid for the private cart-
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W.P(MD)No.4870 of 2013
stand.
3. As per Section 270-E of the Tamil Nadu District Municipalities
Act, 1920, the first respondent is the licensing authority. The said license
can be refused only for the reasons enumerated under the said Section.
The licensing authority himself is running a cart-stand and any private
cart-stand would result in financial loss to the Town Panchayat, could
not be a legally acceptable reason for rejecting the request for license
made by the writ petitioner.
4. The learned Counsel for the petitioner brought to the notice of
the Court, a judgment made in W.P(MD)Nos.21921 and 6295 of 2019,
dated 02.08.2019, under which, this Court has held that the Municipality
cannot be allowed to have a monopoly and denial of license would be
only an arbitrary exercise of power. Based on similar facts and
circumstances of the present case, the order impugned in the writ petition
is set aside. The first respondent herein is directed to issue license to the
writ petitioner for running a private cart-stand on payment of necessary
licence fee. However, the petitioner shall not start operating the said
private cart-stand, without obtaining building plan permission from the
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W.P(MD)No.4870 of 2013
first respondent.
5. With the above said observations, the writ petition stands
allowed. The application for building plan approval pending with the
first respondent shall be disposed of within a period of twelve (12) weeks
from the date of receipt of a copy of this order on fulfillment of the
conditions imposed under the statute. There shall be no order as to costs.
Consequently, connected Miscellaneous Petition stands closed.
27.09.2022
Index : Yes / No
Internet : Yes / No
btr
To
1.The Executive Officer,
Peraiyur Town Panchayat,
Maduai District.
2.The Town Panchayat Council,
Peraiyur Town Panchayat,
Peraiyur, Madurai District.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.4870 of 2013
R.VIJAYAKUMAR, J.
btr
Order made in
W.P(MD)No.4870 of 2013
27.09.2022
https://www.mhc.tn.gov.in/judis
