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2014 DIGILAW 3898 (MAD)

Madurai Meenakshi & Co. rep. By its Partner v. District Collector-cum-District Magistrate

2014-10-17

M.VENUGOPAL

body2014
Judgment : 1. According to the Petitioner, his Partnership concern is engaged in the distribution and supply of chemicals from the year 1960. The said concern is carrying on its business at S.No.29/9.10 Nedunkulam Road, Ayanapuram, Madurai District. The chemicals are procured from the Manufacturers and the same is distributed to the Dyeing Industries and other Industrial Units only. 2. The Petitioner is running his business for the past 54 years without any hindrance and all the details concerning the Purchase Order, Stock Registers and Books of Accounts are maintained in a proper manner and paying all the taxes pertaining to the said business without fail. 3. In the above back drop, on 21/3/2014, the State Government had issued Tamil Nadu Poisons (Regulation of Possession and Sale) Rules 2014 which requires that no person shall sell or possess for any poison specified in the schedule to these Rules except under a license in 'Form A' granted or renewed by the licensing Authority. As such, on 23/5/2014, the Petitioner made an application for the issuance of license under Tamil Nadu Poisons (Regulation of Possession and Sale) Rules 2014 for possession and sale of poisions. The Petitioner submitted 'Form B' application with all necessary documents to the Respondents, however, no action was taken. Again, on 24/6/2014, Members of the Association, viz., Madurai Dye's & Chemicals Merchants Association made a representation for issuance of license, however, no action was taken till date. 4. In fact, the Petitioner on 23/5/2014 had submitted an application for license under the Tamil Nadu Poisons (Regulation of Possession and Sale) Rules 2014 with reference to G.O.Ms.No.249, Home (POL X 111) dated 21/3/2014 seeking grant of license at the earliest. (addressed to the First Respondent/District Collector, Madurai) and till date, the said application is not yet disposed off. 5. The grievance of the Petitioner is that his application for license has not yet been disposed off and hence prays this Court to direct the First Respondent/District Collector, Madurai to dispose of the same within a reasonable time. 6. (addressed to the First Respondent/District Collector, Madurai) and till date, the said application is not yet disposed off. 5. The grievance of the Petitioner is that his application for license has not yet been disposed off and hence prays this Court to direct the First Respondent/District Collector, Madurai to dispose of the same within a reasonable time. 6. In view of the fact that the Petitioner's application seeking license is pending as on date, this Court, on the basis of Equity, Fair Play and even as a matter of prudence, directs the First Respondent to look into the Representation of the Petitioner dated 23/5/2014 in a fair, just and dispassionate manner and to dispose of the said representation/application of the Petitioner dated 23/5/2014 on merits in an objective and dispassionate manner, of course by providing necessary opportunities to the Petitioner and others if any within a period of six weeks from the date of receipt of a copy of this order. 7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed.