IN THE COURT OF JUDICATURE AT MADRAS DATED 09.02.2011 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P.No.7294 of 2008 and M.P.No.1 of 2008 Buhari Sons Private Limited Rep.by its Manager C.M.B.Ashiq Buhari No.19, Gandhi Irwin Road Egmore, Chennai 600 008 .. Petitioner -vs- 1.The Assistant Revenue Officer Corporation of Chennai, Zone VII, No.1 Lake Area, 4th Cross Street Nungambakkam, Chennai-34. 2.The Zonal Officer VII Corporation of Chennai, Zone VII, No.1 Lake Area, 4th Cross Street Nungambakkam, Chennai-34. 3.The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003 .. Respondents Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned Letter No. Ma.Aa.7/Va. Thu.Na.Ka.No.R6/0375/2008 dated Nil, signed on 19.03.2008 issued by the first respondent and the Notice bearing No.Roc.R6/0375/08 Div 105 signed on 12.03.2008 and 15.03.2008 issued under Section 379(A) of Chennai City Municipal Corporation Act, 1919, by the respondents 1 and 2 and quash the same and to forbear the respondents from sealing the petitioner's Tea Stall run at premises No.19 Gandhi Irwin Road, Egmore, Chennai 600 008 and/or taking any further steps as mentioned in the notice No.Roc.R6/0375/08Div 105 signed on 12.03.2008 and 15.03.2008 issued under Section 379(A) of Chennai City Municipal Corporation Act, 1919. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner :M/s M. Abdul Nazeer For Respondents : Mr. Bharathidasan ORDER This writ petition is filed to call for the records relating to the impugned Letter No. Ma.Aa.7/Va. Thu.Na.Ka.No.R6/0375/2008 dated Nil, signed on 19.03.2008 issued by the first respondent and the Notice bearing No.Roc.R6/0375/08 Div 105 signed on 12.03.2008 and 15.03.2008 issued under Section 379(A) of Chennai City Municipal Corporation Act, 1919, by the respondents 1 and 2 and quash the same and to forbear the respondents from sealing the petitioner's Tea Stall run at premises No.19 Gandhi Irwin Road, Egmore, Chennai 600 008 and/or taking any further steps as mentioned in the notice No.Roc.R6/0375/08Div 105 signed on 12.03.2008 and 15.03.2008 issued under Section 379(A) of Chennai City Municipal Corporation Act, 1919. 2. The writ petitioner is running a restaurant at No. 19 Gandhi Irwin Road in the name and style of Buhari Sons Private Limited. In the typed set of papers, renewal licence ending on 31.03.2009 and further renewed upto 31.3.2009 has been produced. 3. The grievance of the petitioner is that without any justification, the respondents issued a notice under Section 379 A of the Chennai City Municipal Corporation Act 4 of 1909 stating that the petitioner is using the premises for running a Tea Stall with AMF without proper licence. Consequent to the notice dated 12.3.2008, another proceedings was issued on 19.3.2008 calling upon the petitioner to close the shop within 24 hours. In view of the same, this writ petition has been filed and at the time of admission, an interim order was passed on 25.3.2008. No counter has been filed so far. 4. On going through the records produced by the petitioner, it is apparent that the respondents have acted arbitrarily and capriciously by issuing notices without even verifying their records as to whether there was a renewal of licence issued in favour of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 5. In view of the same, the action of the respondents cannot be justified and the impugned notice and consequent proceedings are set aside. This writ petition is allowed. Consequently, M.P.No. 1 of 2008 is closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1.The Assistant Revenue Officer Corporation of Chennai, Zone VII, No.1 Lake Area, 4th Cross Street Nungambakkam, Chennai-34. 2.The Zonal Officer VII Corporation of Chennai, Zone VII, No.1 Lake Area, 4th Cross Street Nungambakkam, Chennai-34. 3.The Commissioner Corporation of Chennai Rippon Buildings Chennai 600 003. 1 cc To Mr. M. Abdul Nazeer, Advocate, SR.9564 1 cc To MV.Bharathidasan., Advocate, SR.10098 WP No. 7294 of 2008 rs(co) pmk.28.2.2011 https://hcservices.ecourts.gov.in/hcservices/