Petitioner sought certificate for a trade licence pending eviction litigation with landlord. Court dismissed writ due to pending disputes and lack of statutory compliance.
No direction to issue trade licence; petitioner directed to approach appropriate forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 23.3.2016.
CORAM
THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM
W.P.No.7484 of 2016
K.Sathish Kumar .. Petitioner
vs.
1 The Commissioner
Corporation of Chennai
Rippon Building
Park Town Chennai-600 003
2 License Inspector
Zone VII
Corporation of Chennai Chennai
3 S.Kalyana Sundaram
4 K.Usharani .. Respondents
Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the Respondents 1 and 2 to forthwith issue Trade Licence to the Petitioner, for which the petitioner has paid up the Licence Fee of Rs. 3,000/- vide receipt No. N/--/15016 Dn.No.90, dated 24.07.2015 to enable and facilitate the petitioner to establish and carry on Hotel/Restaurant/Catering business under the name and style of Hotel Chola Chettinad & Abhi Catering Service at the tenanted premises being the Ground Floor shop portion measuring 480 sq.ft. bearing Corporation No.12/2 Welcome Colony Anna Nagar West Extension Chennai-600 101, without insisting upon the renewed Lease/Rental Agreement.
ORDER
In the light of the serious dispute between the landlord and the petitioner/tenant, the petitioner's trade licence to run a
hotel in the rented premises, which is owned by the fourth respondent, has been kept pending.
facility, no emergency exit and the trader/petitioner has not furnished fire certificate and medical certificate.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
1 The Commissioner,
Corporation of Chennai,
Rippon Building,
Park Town, Chennai-600 003.
2 The License Inspector,
Zone VII,
Corporation of Chennai, Chennai.
+1cc to Mr.Mr.P.V.Selvakumar, Advocate, S.R.No.18512
+1cc to Mr.B.Harikrishnan, Advocate, S.R.No.18556
+1cc to Mr.S.Ravichandran, Advocate sr.18527
W.P.No.7484 of 2016
msm(CO)
srg(11/04/2016)
3 issues framed by the court
Whether the Court can issue a direction to grant a trade licence pending pendency of litigation between landlord and tenant and due to lack of statutory compliance.
Whether the tenant's agreement with the landlord inures to the benefit of obtaining a trade licence from the Corporation.
Whether the trade licence application satisfies the statutory requirements regarding infrastructure, safety, and hygiene.
3 provisions across 3 enactments
K. Sathish Kumar
The Commissioner, Corporation of Chennai
License Inspector, Zone VII
S. Kalyana Sundaram
K. Usharani
T.S. Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
T.S. Sivagnanam
Parties & counsel
