W.P.No.29790 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.02.2025 CORAM: THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.29790 of 2024 and W.M.P.No.32482 of 2024 Umar ...Petitioner -Vs- 1.The Commissioner, Coimbatore City Municipal Corporation, Central Zone, Coimbatore. 2.The Assistant Commissioner, Coimbatore City Municipal Corporation, Central Zone, Coimbatore. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, calling for the records of the order of the proceedings passed by the 2nd respondent dated 21.06.2024 in Na.Ka.No.10354/2023/A2(M) and quash the same and pass such further orders. For Petitioner : Mr.S.Haja Mohideen Gisthi For R1 & R2 : Mr.N.Velmurugan Standing Counsel 1/6 https://www.mhc.tn.gov.in/judis W.P.No.29790 of 2024 O R D E R This writ petition has been filed challenging the impugned order dated 21.06.2024 passed by the 2nd respondent in Na.Ka.No.10354/2023/A2(M). 2. The petitioner is the licensed lessee of the respondents. The petitioner was allotted the lessee license vide Na.Ka.No.10119/2012/M2(k), dated 17.10.2018. The lessee is running the canteen in the demised premises from the date of the allotment. The petitioner paid a sum of Rs.77,508/- as an advance and Rs.500/- for the application for the allotment and sum of Rs.77,508/- for the purpose of name transfer from the erstwhile lessee. The petitioner had paid a total sum of Rs.1,55,516/- to the respondents via 3 receipts dated 20.7.2018. The petitioner was periodically paying the monthly rents as fixed by the respondents without default. The 2nd respondent issued the impugned order Na.Ka.No.10354/2023/M2(k), dated 24.02.2024 alleging that Shop Nos.3, 4, 5 separation walls were removed and the table, chairs were placed on the road for the purpose of running the canteen. The petitioner submitted his explanation recited in the impugned order. In spite of the explanation pursuant to which the respondents passed the impugned order dated 21.06.2024. Aggrieved by the same, the petitioner has filed this 2/6 https://www.mhc.tn.gov.in/judis W.P.No.29790 of 2024 writ petition. 3. Learned counsel appearing for the petitioner would submit that the second respondent has passed the impugned order dated 21.06.2024 vide Na.Ka.No.10119/2012/M2(k) without giving due notice to the petitioner. He further submitted that he is in possession of the said shop as on date and his license period expires only on 31.03.2027. 4. Learned standing counsel appearing for the respondents would submit that the lease period of the petitioner is up to 31.03.2027, and the license was cancelled by the respondents on 21.06.2024 since he has been blacklisted in regard to other premises in which the petitioner was the tenant. In regard to the blacklist, it is mentioned in para 2 of the impugned order dated 21.06.2024, which reads as follows: “ghh;it (2)-y; fhQqk; cj;jutpy; thh;L vz;/83 neU !;nloak; Kdrhkp fhh;ld; khefuhl;rp fil vz;/3.4.5.3A kw;Wk; 5A Mfpa filfSf;F j';fsJ bgahpy; tH';fg;gl;l Fj;jif chpkj;ij Fj;jif tpjpfis kPwpajw;fhft[k;. khefuhl;rp fl;olj;ij nrjg;gLj;jpajw;fhft[k;. khefuhl;rpapd; xg;ge;jjhuh;fs; / Fj;jif chpkjhuh;fs; gl;oaypy; ,Ue;J j';fspd; bgaiu ePf;fk; bra;Jk;. fUg;g[ gl;oaypy; nrh;j;Jk; Mizaplg;gl;lJ/ ,J bjhlh;ghf j';fsplkpUe;J vt;tpj nky;KiwaPLk; bgwg;gltpy;iy/”” 3/6 https://www.mhc.tn.gov.in/judis W.P.No.29790 of 2024 5. Learned standing counsel on instructions submitted that no notice was issued to the petitioner before cancelling the license of the petitioner. 6. Heard both sides and perused the materials available on record. 7. In view of the above facts and circumstances of the case, the impugned order passed by the 2nd respondent vide Na.Ka.No.10354/2023/A2(M) dated 21.06.2024 is hereby set aside and the following directions are issued by this Court: a) The second respondent is directed to issue notice to the petitioner fixing the date of hearing for enquiry and affording him an opportunity of personal hearing. b) On receipt of such notice, the petitioner shall file his objection / reply within a period of three weeks from the date of receipt of a copy of this order. c) On receipt of such objection / reply, the 2nd respondent is directed to consider the same on merits, in accordance with law, and pass appropriate orders within a period of two weeks thereof. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.29790 of 2024 In the result, the writ petition stands disposed of with the above observations and directions. No costs. Consequently, connected miscellaneous petition is closed. 06.02.2025 cda Index : Yes/No Speaking/Non Speaking order To 1.The Commissioner, Coimbatore City Municipal Corporation, Central Zone, Coimbatore. 2.The Assistant Commissioner, Coimbatore City Municipal Corporation, Central Zone, Coimbatore. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.29790 of 2024 J.SATHYA NARAYANA PRASAD, J. cda W.P.No.29790 of 2024 06.02.2025 6/6 https://www.mhc.tn.gov.in/judis