WP(C) 3589/2011 BEFORE HON’BLE MR JUSTICE B P KATAKEY Heard Mr GN Sahewalla, learned senior counsel for the petitioner and Mrs HM Phuk an, learned state counsel appearing for the respondent nos.1 and 3. Also heard M r AC Borbora, learned senior counsel for respondent no.2. As agreed to by learned counsel for the parties, the matter is taken up for disposal at the motion stage itself. The petitioner has challenged the order dated 12th July 2011 issued by t he Chairman, Tinsukia Municipal Board directing closure of her gymnasium within 15 days, intimating that on failure to do so necessary steps would be taken in accordance with law. Learned senior counsel for the petitioner submitted that the aforesaid o rder was issued without affording any opportunity to the petitioner to make repr esentation and hence this petition may be disposed of with liberty to the petiti oner to submit representation before the Chairman of Tinsukia Municipal Board an d a direction to the latter to dispose it of within a time-frame. Learned senior counsel for the respondent Board, on the other hand, has submitted that the permission was accorded for a residential use only and not fo r commercial purposes and as such, no illegality has been committed in issuing t he impugned order. The learned senior counsel, however, submitted that if the pe titioner files any representation before the Chairman, the same shall definitely be considered before taking any action in pursuance of the impugned order. Learned state counsel submits that since the order was issued by the Cha irman, it is the Board who will take a decision on the matter. Having regard to the aforesaid submission as well as facts involved, thi s writ petition is disposed of giving liberty to the petitioner to file represen tation before the Chairman(respondent no.2) within 2(two) weeks from today venti lating her grievances and in the event of filing, the said authority shall pass necessary order thereon within five weeks thereafter. For the said period of sev en weeks, the order dated 12th July 2011 issued by the Chairman, Tinsukia Munici pal Board(respondent no.2), shall not be given effect to. The petitioner, howeve r, shall not carry on any commercial activity in the premises in question, in th e meanwhile. The writ petition is accordingly disposed of. No costs.