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2014 DIGILAW 3903 (MAD)

M. Farook v. Collector, Madurai District

2014-10-17

M.VENUGOPAL

body2014
Judgment : 1. Heard the Learned Counsel appearing for the Petitioner and the Learned Additional Government Pleader appearing for the Respondents. 2. At the out set, this Court pertinently points out that to avoid an avoidable delay Notice to the Respondent Nos. 3 to 6, is dispensed with. 3. According to the Learned Counsel appearing for the Petitioner, the continuance of Trade by the unauthorized Traders, result in loss of revenue to the ex-chequer, as no Service Tax or Value Added Tax is paid by the Traders concerned. Also that, because of the fly by wire nature traders, the customers have no legal recourse in the event of there is any deficiency in service, as contemplated under the Consumer Protection Act. 4. The grievance of the Petitioner is that he made a representation to the first Respondent / District Collector, Madurai District, on 14.10.2014, as to why action should not be initiated against the Respondents 3 to 7, as they were using the Marriage Hall for an unsanctioned use. Added further, according to the Petitioner, the 2nd Respondent has not initiated any action under Rule 10(iii) of the Tamil Nadu Public Building (Licensing) act, 1965. 5. This Court has perused the representation of the Petitioner, dated 14.10.2014, addressed to the Respondents 1 and 2 wherein, he had sought for an order to be passed by this Court in restraining the Respondents 3 to 7 from using the Marriage Hall for the purpose of unauthorised sale of goods. 6. Per contra, it is the contention of the learned Additional Government Pleader appearing for the Respondents 1 and 2 that the Petitioner submitted a representation only on 14.10.2014 and immediately without affording an opportunities to the authorities to pass appropriate orders, has rushed to this Court in filing the present Writ Petition in a premature fashion. 7. The Petitioner is engaged in the Textiles Trade Business in the name and style of "Annez Textiles" at the address mentioned in the Petition. He is buying and selling Silk Sarees and other articles of Clothes. He has complied with all Rules and Regulations and the Laws that are in existence and in force from time to time in a scrupulous fashion. 8. He is buying and selling Silk Sarees and other articles of Clothes. He has complied with all Rules and Regulations and the Laws that are in existence and in force from time to time in a scrupulous fashion. 8. In view of the fact that the Petitioner has submitted his representation dated 14.10.2014 to the Respondents 1 and 2 in regard to unauthorised sale of goods at the Marriage Halls in question and for taking necessary action against the concerned, this Court, in the interest of justice and Fair Play, directs the Respondents 1 and 2 to look into the representation of the Petitioner dated 14.10.2014 in Fair, Just and Dispassionate manner and to dispose of the said representation on or before 19.10.2014 on merits, (of course, after providing due opportunities to the Petitioner and others concerned, if any). At any point of time, if the Respondents 1 and 2 come to the conclusion that any show-cause notice prior to the initiation of any action is required to be taken against the concerned persons / deviant persons, who sell purported unauthorized Goods, then it is open to the Respondents 1 and 2 to issue show-cause to the concerned persons / Traders and to obtain their explanation / remarks by following the principles of natural justice and to proceed further in accordance with law. Further, the Respondents 1 and 2 are directed to take the act of issuance of show-cause notice, as per the Tamil Nadu District Municipalities Act, 1920 to its resultantly destination / logical conclusion. In any event, the Respondents 1 and 2 are directed to pass appropriate reasoned order in a qualitative and quantitative manner, as expeditiously as possible in the subject matter in issue. 9. With the aforesaid direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.