IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.05.2010 CORAM: THE HONOURABLE MR. JUSTICE V.DHANAPALAN W.P.No.11272 of 2010 and M.P.No.1 of 2010 PMV. Durai ... Petitioner vs. 1. The Secretary to Government, Government of Tamil Nadu, Home Department, Fort St. George, Chennai – 600 009. 2. The Commissioner of Police, City of Chennai, Office of the Commissioner of Police, Egmore, Chennai – 600 008. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus forbearing the second respondent from in any way disturbing the running of the Shurudhi Palace at No.151, General Patters Road, Chennai 600 002 vide RC.No.E-3(1)/1053/101343/2009, dated 18.12.2009 issued by the second respondent except by due process of law. For Petitioner : Mr.A.Thiagarajan, Senior Counsel for Mr.S.Ramesh Kumar For Respondents: Mrs.R.Anitha, Additional Government Pleader ORDER By consent of the learned counsel appearing on either side, this writ petition is taken up for final disposal at the stage of admission itself. 2. Heard Mr.A.Thiagarajan, learned Senior Counsel appearing for the petitioner and Mrs.R.Anitha, learned Additional Government Pleader, who took notice for respondents 1 and 2. 3. The prayer sought for in this writ petition is to forbear the second respondent from in any way disturbing the running of the Shurudhi Palace at No.151, General Patters Road, Chennai 600 002 vide RC.No.E-3(1)/1053/101343/2009, dated 18.12.2009 issued by the second respondent except by due process of law. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned Senior Counsel appearing for the petitioner submits that the show cause notice issued by the second respondent has been denied by the petitioner in his explanation dated 24.05.2010. The learned Senior Counsel further submitted that if the explanation of the petitioner is considered by the 2nd respondent, the grievance of the petitioner would be redressed. 5. Mrs.R.Anitha, learned Additional Government Pleader submits that the action of the petitioner is in violation of the conditions of license and therefore the show cause notice has been issued by the second respondent. However, the learned Additional Government Pleader has not opposed for issuing a direction to the 2nd respondent to consider the explanation of the petitioner dated 24.05.2010. 6. In the light of the above submissions and considering the facts and circumstances of the case, as the petitioner has now pleaded that if the petitioner's explanation is directed to be considered, the grievance of the petitioner could be redressed, without expressing any opinion on the merits of the case, the second respondent is directed to consider the explanation of the petitioner dated 24.05.2010 and pass appropriate orders in accordance with law and on merits, after affording an opportunity of hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed not to interfere with the petitioner's running of the Hotel, provided the petitioner has not indulged in any other activities in violation of the conditions of license. 7. The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Vacation Officer //true copy// Sub Asst.Registrar usk/jrl Copy to: 1. The Secretary to Government, Government of Tamil Nadu, Home Department, Fort St. George, Chennai – 600 009. https://hcservices.ecourts.gov.in/hcservices/ 2. The Commissioner of Police, City of Chennai, Office of the Commissioner of Police, Egmore, Chennai – 600 008. 1 cc to Government Pleader, Sr.No.30979 1 cc to Mr.S.Rameshkumar, Advocate, Sr.No.30918 W.P.No.11272 of 2010 BS {CO} TP/31.5.2010. https://hcservices.ecourts.gov.in/hcservices/