Madras High Court
P.Palanivel vs The District Collector on 18 October, 2022
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P(MD)No.14910 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.10.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.14910 of 2013
and
M.P(MD)Nos.1 & 2 of 2013
P.Palanivel ... Petitioner
Vs.
1.The District Collector,
Ramnad District,
Ramanathapuram.
2.The Tahsildar,
Rameswaram Taluk,
Rameswaram.
3.The Inspector of Police,
Rameswaram Police Station,
Rameswaram. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records pursuant to the impugned rejection order passed by
the second respondent in Na.Ka.No.A4/7587/13, dated 07.08.2013,
quash the same and consequently direct the second respondent to grant
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W.P(MD)No.14910 of 2013
license under Tamil Nadu Public Building Licensing Act to the
petitioner's Sri Ram rest house situated in door No.20 A east car street,
Rameswaram, Rameswaram Taluk, Ranmathapuram District.
For Petitioner : M/s.S.Chellapandian
For R-1 & R-2 : M/s.A.Sivanupandian
Government Advocate
For R-3 : M/s.P.Kottaichamy
Government Advocate (Civil Side)
ORDER
The present Writ Petition has been filed challenging an order passed by the second respondent herein, under which, his request for grant of license under the Tamil Nadu Public Building Licensing Act, 1965 has been rejected.
2. According to the petitioner, he is the owner of the building, in which, he is proposing to run a lodge, for which, he had applied for grant of license under Section 6 of the above said Act. However, the said request of the petitioner was rejected on the ground, that patta proceedings are pending before the District Revenue Officer with regard to the same property at the instance of one Arun Kumar. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.14910 of 2013
3. According to the learned Counsel for the petitioner, the patta proceedings that were pending on the file of the District Revenue Officer, Ramanathapuram, has ended in his favour and patta has already been granted in his favour. In view of the above said fact, he requested that the second respondent may be directed to reconsider his application.
4. The learned Government Advocate appearing for the official respondents pointed out that as on today, lodging house is not functioning.
5. According to the learned Counsel for the petitioner, a license has to be applied by the owner as contemplated under Section 6 of the said Act. However, "owner" has been defined under Section 2(7) as 'a lessee' or 'a licensee'. In view of the above said facts and the petitioner's request for reconsideration of the order passed by the second respondent herein, this Court passes the following order:
"(i) The order impugned in the writ petition is set aside.
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(ii) The second respondent is directed to conduct a fresh enquiry and pass orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order."
6. The writ petition stands allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.
18.10.2022
Index : Yes / No
Internet : Yes / No
btr
To
1.The District Collector,
Ramnad District,
Ramanathapuram.
2.The Tahsildar,
Rameswaram Taluk,
Rameswaram.
3.The Inspector of Police,
Rameswaram Police Station,
Rameswaram.
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https://www.mhc.tn.gov.in/judis W.P(MD)No.14910 of 2013 R.VIJAYAKUMAR, J.
btr Order made in W.P(MD)No.14910 of 2013 18.10.2022 5/5 https://www.mhc.tn.gov.in/judis