Jiji Mathew vs C.Rajendran
2023 Latest Caselaw 13840 Mad

                                                                      W.A.No.2793 of 2023



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:    12.10.2023

                                                     CORAM :

                           THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
                                                        AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                W.A.No.2793 of 2023

                     Jiji Mathew                                      ..   Appellant
                                                        Vs

                     1. C.Rajendran

                     2. The State rep. by
                        the Principal Secretary,
                        Health Department,
                        St. George Fort,
                        Chennai-600 009

                     3. The Corporation Commissioner
                        Corporation of Chennai,
                        Rippon Buildings, Chennai

                     4. The Zonal Officer
                        Metropolitan Municipal Corporation,
                        Zone 4, Tondiyarpet, Chennai.                 ..   Respondents



                     PRAYER: Appeal under Clause 15 of the Letters Patent against the
                     order dated 17.04.2023 in W.P.No.3596 of 2023 passed by the
                     learned Single Judge.

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https://www.mhc.tn.gov.in/judis
                                                                               W.A.No.2793 of 2023




                                      For the Appellant       : Mr.D.Ashok Kumar

                                      For the Respondents     : Mr.P.Muthukumar
                                                                State Government Pleader
                                                                assisted by Mrs.R.Anitha
                                                                Spl. Government Pleader
                                                                for 2nd respondent

                                                              : Mr.A.Arun Babu
                                                                Standing Counsel
                                                                for respondents 3 and 4

                                                        JUDGMENT

(Delivered by the Hon'ble Chief Justice)

Heard Mr.D.Ashok Kumar, learned counsel for the appellant;

Mr.P.Muthukumar, learned State Government Pleader, assisted by

Mrs.R.Anitha, learned Special Government Pleader, for the second

respondent; and Mr.A.Arun Babu, learned Standing Counsel for

respondents 3 and 4.

2. The order of the learned Single Judge is assailed. The

trade licence of the original petitioner was cancelled. The present

appellant is the original fourth respondent/complainant.

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https://www.mhc.tn.gov.in/judis W.A.No.2793 of 2023

3. The learned Single Judge has observed that without

issuing proper show cause notice, the impugned order was passed

cancelling the trade licence. The show cause notice was issued on

18.10.2022 and the order cancelling the trade licence was issued on

19.10.2022. Not even 24 hours time was granted to file reply. It is

on that ground the order challenged in the writ petition was

quashed and set aside. The licence period is only up to 31.3.2023.

4. Learned counsel for the Corporation submits that now the

Corporation would take action in accordance with law.

5. The writ appeal is disposed of. There will be no order as to

costs.

                                                         (S.V.G., CJ.)                (D.B.C., J.)
                                                                         12.10.2023
                     Index            :            Yes/No
                     Neutral Citation :            Yes/No
                     sasi




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https://www.mhc.tn.gov.in/judis W.A.No.2793 of 2023

To:

1. The Principal Secretary, State of Tamil Nadu Health Department, St. George Fort, Chennai-600 009

2. The Corporation Commissioner Corporation of Chennai, Rippon Buildings, Chennai

3. The Zonal Officer Metropolitan Municipal Corporation, Zone 4, Tondiyarpet, Chennai.

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https://www.mhc.tn.gov.in/judis W.A.No.2793 of 2023

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi)

W.A.No.2793 of 2023

12.10.2023

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