High CourtsSingle Bench(2012) 01 MAD CK 0216

S. Sekar vs The Tamil Nadu State Marketing Corporation Ltd. and The Branch Manager, The Tamil Nadu State Marketing Corporation Ltd., Kancheepuram

Madras High Court · Decided on 9 January 2012

HON’BLE JUDGES
M. Jaichandren, J
RESULT
Allowed
CASE NUMBER
Writ Petition No. 29715 of 2011 and M.P. No''s. 1 and 2 of 2011

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Judgment

13 paragraphs · 246 words

Honourable Mr. Justice M. Jaichandren

1.

This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to call for and quash the impugned

proceedings of the second respondent, dated 19.12.2011.

2.

The petitioner has stated that the second respondent had issued a licence to the petitioner to sell eatables and to collect empty bottles from the

bar attached to the Tamilnadu State Marketing Corporation shop No. 4110, situated in Kancheepuram District, for the period, from 1.12.2011 to

30.11.2012. The petitioner has been carrying on his business, as per the licence issued to him, after he had complied with all the necessary

conditions. However, the second respondent had issued the impugned proceedings cancelling the licence granted in favour of the petitioner,

without issuing any prior notice to the petitioner.

3.

The learned counsel appearing on behalf of the respondents had submitted, on instructions, that no notice had been issued by the second

respondent to the petitioner before the impugned order had been passed, cancelling the licence granted in favour of the petitioner.

4.

In such circumstances, the impugned order of the second respondent is set aside. However, it would be open to the second respondent to issue

a notice to the petitioner, if he is so advised, before passing any adverse order against the petitioner, relating to the licence issued to him, on

30.11.2011. Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.