S.Syed Mohamed Althap v. The Commissioner

ORDER This Writ Petition has been filed challenging the order passed by the respondent in his order in No.2/2026 dated 13.07.2026 and consequently directing the respondents to grant license to the petitioner in the light of the petitioner's representation dated 10.07.2026.

¶2Heard the learned counsel appearing for the petitioner and Mr. J. Lawrance, learned Standing Counsel, who takes notice on behalf of the respondent.

¶3By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

¶4The learned counsel appearing for the petitioner would submit that the petitioner is running a beef meat shop in a rented premises owned by one Vinayagamoorthy. According to the petitioner, the landlord attempted to evict him from the premises. Aggrieved by the same, the petitioner filed O.S. No.160 of 2024 on the file of the District Munsif Court, Dindigul, seeking to restrain the landlord from evicting him except by due process of law. It is the further case of the petitioner that he had earlier obtained a trade licence from the respondent Municipality for running the beef meat shop. Subsequently, the landlord lodged a complaint before the respondent alleging that the petitioner was running the shop without a valid licence. Based on the said complaint, the landlord filed W.P.(MD) No.30376 of 2025 seeking a direction to the respondent to consider his representation. This Court disposed of the said writ petition by directing the respondent to consider the representation and pass appropriate orders. Pursuant thereto, the respondent passed the impugned order dated 13.07.2026. Challenging the said order, the present writ petition has been filed.

¶5The learned counsel appearing for the petitioner would submit that, in compliance with paragraph 3 of the impugned order, the petitioner submitted an application on 10.07.2026 seeking renewal/grant of trade licence within the stipulated period of seven days. However, no orders have been passed on the said application till date. Therefore, the petitioner seeks a direction to the respondent to consider the said application and pass appropriate orders within a time frame. Pending such consideration, the petitioner prays that no coercive action be taken against him.

¶6Per contra, the learned Standing Counsel appearing for the respondent would submit that the petitioner's application dated 10.07.2026 is under consideration. He further submitted that if the application is otherwise in order and the petitioner satisfies the statutory requirements, the respondent will consider the same on merits and pass appropriate orders within a period of two weeks.

¶7Considering the submissions made by the learned counsel on either side, without expressing any opinion on the merits of the claim, this Court directs the respondent to consider the petitioner's application dated 10.07.2026 for grant/renewal of trade licence, if it is otherwise in order, and pass appropriate orders on merits and in accordance with law, after affording the petitioner an opportunity of personal hearing, within a period of two (2) weeks from the date of receipt of a copy of this order.

¶8Till such orders are passed on the petitioner's application, the respondent shall not take any coercive action against the petitioner.

¶9With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

30.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No TSG To The Commissioner, Dindigul Corporation, Dindigul.

M.DHANDAPANI, J. TSG

30.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2026 CORAM THE HON'BLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.16105 of 2026 S.Syed Mohamed Althap ...Petitioner Vs The Commissioner, Dindigul Corporation, Dindigul. ...Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the respondent in his order in No.2/2026 dated 13.07.2026 and quash the same and consequently directing the respondents to grant license to the petitioner in the light of the petitioner's representation dated 10.07.2026. For Petitioner : Mr.S.Balaji For Respondent : Mr.J.Lawrance, Standing Counsel