1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2011 CORAM: THE HONOURABLE Mr.JUSTICE R.SUDHAKAR W.P.(MD)No.7662 of 2011 and M.P.(MD)No.1 of 2011 M.Hakkeem Dheen ... Petitioner Vs. 1.The District Collector, Collectorate Office, Madurai District, Madurai. 2.The Commissioner, Madurai Corporation, Madurai District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from evicting the petitioner's from the peaceful possession and enjoyment of petitioner's Fish Stall at No.1A/1, Alagar Koil Main Road, K.Pudur, Madurai-7, except through due process of law. For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.T.R.Janarthanam,AGP For R1 Mr.M.Ravishankar For R2 O R D E R This Writ petition has been filed to issue a Writ of Mandamus to forbear the respondents from evicting the petitioner from the peaceful possession and enjoyment of the Fish Stall situated at No.1A/1, Alagar Koil Main Road, K.Pudur, Madurai-7, except following the due process of law. 2.Heard Mr.C.M.Arumugam, learned counsel for the petitioner and Mr.T.R.Janarthanam, learned Additional Government Pleader, who takes notice for the 1st respondent and Mr.M.Ravishankar, learned standing counsel for the 2nd respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The petitioner claims to be running a road side fish stall at Door No.1A/1, Alagar Koil Main Road, Madurai-7. Earlier the petitioner's wife viz., Sharmila Banu filed a Writ petition in W.P.(MD)No.8881 of 2010, which came to be disposed of on 02.03.2011 with the following direction: "6.It is open to the petitioner to submit an application before the Corporation for the purpose of granting licence and in the event of making any such representation within four weeks from today, the Corporation shall consider the dispose of the same on merits and as per law as expeditiously as possible." 4.In that order it has been clearly stated that the claim of the petitioner is that the licence in respect of the said shop was granted to one V.Kumar to run a fish stall and the said V.Kumar transferred the licence to the petitioner's wife Sharmila Banu. This fact is disputed by the respondent/Corporation. It now transpires that the petitioner/husband has filed a representation on 15.03.2011 before the respondent/Corporation for grant of licence to run a fish stall. There is no proper proof enclosed to show that an application for grant of licence was submitted. 5.In such view of the matter, the petitioner is given liberty to make a proper application to the 2nd respondent/Corporation within one week from today. The petitioner on filing such application, the 2nd respondent is directed to consider the said application, within a period of 30 days thereafter as per law. 6.Giving liberty as above, this Writ petition is disposed of. No costs. Consequently, connected M.P.is closed. Sd/- Deputy Registrar(W) /True Copy/ Assistant Registrar To 1.The District Collector, Collectorate Office, Madurai District, Madurai 2.The Commissioner, Madurai Corporation, Madurai District +One cc to M/s.M.Ravishankar, Advocate, SR.No.23895 +One CC to The Spl. Govt. Pleader, SR.No.23914 nbj rl/5c – 1.8.2011 W.P.(MD)No.7662 of 2011 20.07.2011 https://hcservices.ecourts.gov.in/hcservices/