Writ petition seeking direction to the Municipality Commissioner to renew a trade licence. The petitioner's business was sealed for lacking Pollution Control Board NOC and subject to magisterial closure orders under Section 133 Cr.P.C. The Court dismissed the petition as the petitioner failed to fulfill legal requirements.
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W.P.No.13524 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.13524 of 2024
V.P.R.Blue Metals Represented By Its Manager Balraj Ramadass, ... Petitioner
-Vs-
The Commissioner, Oulgaret Municipality, Puducherry. ... Respondent Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the Commissioner, Oulgaret Municipality, Puducherry the respondent herein to grant renewal of the licence to trade to the petitioner on the basis of the application for renewal submitted on 27.03.2024 through on – line.
For Petitioner : Mr.M.Gnanasekar For Respondent : Mr.Ramasamy Meyappan Government Advocate (Pondy)
ORDER
This writ petition has been filed for direction directing the Commissioner, Oulgaret Municipality, Puducherry, the respondent herein to grant renewal of the licence to trade to the petitioner on the basis of the
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W.P.No.13524 of 2024
application for renewal submitted on 27.03.2024 through on – line.
metals storing and transporting for the purpose of construction activities. Originally, the petitioner was issued with license valid till 31.03.2022. While being so, the petitioner's business was locked and sealed for the reason that the petitioner failed to obtain No Objection Certificate from the Pollution Control Board. Before lock and seal, the petitioner was issued with show cause notice dated 10.02.2023 and the same was challenged before this Court in W.P.No.18153 of 2023. This Court, by an order dated 21.06.2023 dismissed the writ petition and liberty was given to the petitioner to work out the remedy before the appellate authority.
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W.P.No.13524 of 2024
in which the Sub Divisional Magistrate, Puducherry in M.C.No.23 of 2024 by an order dated 13.03.2024 directed to close the operations/vacate the materials within seven days on receipt of the order. Therefore, without fulfilling other requirements as contemplated under law, the direction sought for in this writ petition cannot be issued and the writ petition is devoid of merits and is liable to be dismissed.
14.08.2024
Internet: Yes Index : Yes/No Neutral Citation: Yes/No Speaking/Non Speaking order mn
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W.P.No.13524 of 2024
G.K.ILANTHIRAIYAN. J,
mn
To
The Commissioner, Oulgaret Municipality, Puducherry.
W.P.No.13524 of 2024
14.08.2024
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1 issue framed by the court
Whether the petitioner is entitled to renewal of the trade licence while under seal and lacking statutory NOC?
2 provisions across 2 enactments
V.P.R.Blue Metals Represented By Its Manager Balraj Ramadass
The Commissioner, Oulgaret Municipality, Puducherry
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
