IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.06.2017 CORAM THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.990 of 2016 & W.M.P. No.745 of 2016 A.Ismail ...Petitioner v.
1. Additional Chief Secretary/ Commissioner Land Administration/ Disaster Management and Mitigent Department Chepauk Chennai - 600 005.
2. The District Collector Office at Thriuvannamalai Thiruvanamalai District
3. Additional District Executive Magistrate/ District Revenue Officer Thiruvannamalai District
4. The Thasildar Vandavasi Taluk Thiruvannamalai District ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, calling for the records of the 3rd respondent herein vide proceeding No.Ne.Mu.(C3)10374/2013, dated 16.11.2015 and quash the same as the same is against the basic principles and natural justice and consequently directing the respondents herein to allow the petitioner herein to continue the privilege of licence being renewed periodically under the law in force.
For Petitioner : Mr.G.Thangavel For Respondents : Mr.A.N.Thambidurai Sp;l. Govt. Pleader ORDER The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent dated 16.11.2015, to quash the same and consequently direct the respondents to allow him to continue the privilege of licence being renewed periodically under the law in force.
2. On the earlier occasion, when the 3rd respondent passed an order on 25.04.2013, the petitioner preferred an appeal before the Commissioner of Revenue Administration, Chennai, who remanded the matter to the 3rd respondent for fresh consideration.
3. Now the 3rd respondent has passed the order rejecting the request of the petitioner by order dated 16.11.2015.
4. Without exhausting the appeal remedy, the petitioner has filed the writ petition before this court. Hence, I am of the view that the petitioner should exhaust the appeal remedy before the 1st respondent.
5. Accordingly, the writ petition is closed giving liberty to the petitioner to file an appeal before the 1st respondent, within a period of one week from the date of receipt of a copy of this order. On filing the appeal, the 1st respondent shall decide the appeal preferred by the petitioner, in accordance with law within three months from the date of presentation of the appeal. No costs. Consequently, connected miscellaneous petition is also closed.
28.06.2017 Index: Yes/No Note : (i) Registry is directed to return the certified copy of the impugned order to the counsel for the petitioner (ii) Issue copy of the order by 29.06.2017 Rj To
1. Additional Chief Secretary/ Commissioner Land Administration/ Disaster Management and Mitigent Department Chepauk Chennai - 600 005.
2. The District Collector Office at Thriuvannamalai Thiruvanamalai District
3. Additional District Executive Magistrate/ District Revenue Officer Thiruvannamalai District
4. The Thasildar Vandavasi Taluk Thiruvannamalai District M.DURAISWAMY,J.
Rj W.P.No.990 of 2016 & W.M.P. No.745 of 2016 28.06.2017 http://www.judis.nic.in