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2012 DIGILAW 164 (MAD)

S. Sekar v. The Tamil Nadu State Marketing Corporation Ltd. , Represented by its Managing Director, Chennai

2012-01-09

M.JAICHANDREN

body2012
Judgment :- 1. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus to call for and quash the impugned proceedings of the second respondent, dated 19.12.2011. 2. The petitioner has stated that the second respondent had issued a licence to the petitioner to sell eatables and to collect empty bottles from the bar attached to the Tamilnadu State Marketing Corporation shop No.4110, situated in Kancheepuram District, for the period, from 1.12.2011 to 30.11.2012. The petitioner has been carrying on his business, as per the licence issued to him, after he had complied with all the necessary conditions. However, the second respondent had issued the impugned proceedings cancelling the licence granted in favour of the petitioner, without issuing any prior notice to the petitioner. 3. The learned counsel appearing on behalf of the respondents had submitted, on instructions, that no notice had been issued by the second respondent to the petitioner before the impugned order had been passed, cancelling the licence granted in favour of the petitioner. 4. In such circumstances, the impugned order of the second respondent is set aside. However, it would be open to the second respondent to issue a notice to the petitioner, if he is so advised, before passing any adverse order against the petitioner, relating to the licence issued to him, on 30.11.2011. Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.