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SIPRIAN HOTELS versus CMDA

High Court of Madras

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Siprian Hotels v. CMDA - WP.No.7751 of 2007 [2007] RD-TN 836 (6 March 2007)

In the High Court of Judicature at Madras

Dated: 06.03.2007

Coram:

The Honourable Mr.Justice P.SATHASIVAM

and

The Honourable Mr.Justice N. PAUL VASANTHAKUMAR

W.P.No.7751 of 2007

M/s Siprian Hotels (P) Ltd.,

rep. by its Managing Director

Suresh Fernando, Door No.302,

Legend Apartment, 177/2,

Poonamallee High Road,

Kilpauk, Chennai-600 010. .. Petitioner Vs..

1.The Member Secretary,

Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road,

Chennai-600 008.

2.The Commissioner,

Corporation of Chennai,

Rippon Building,

Chennai-600 003. .. Respondents Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second respondent to consider the petitioner's application No.2975 dated 24.07.2006 for issuance of new registration certificate pending disposal of the regularisation application reg.No.26149 dated 25.06.2002 on the file of the first respondent. `

For Petitioner : Mr.P.Jayaraman, S.C., for Mr.A.V.Arumugam For 2nd respondent : Mr.A.Mohamed Ghouse ORDER



(Order of the Court was delivered by P.SATHASIVAM,J.) M/s Siprian Hotels (P) Limited has approached this Court to issue a Writ of Mandamus directing the second respondent, Commissioner, Corporation of Chennai, to consider their Application No.2975 dated 24.07.2006 for issuance of registration certificate pending disposal of the regularisation application reg.No.26149 dated 25.06.2002 on the file of the first respondent-CMDA.

2. Mr.P.Jayaraman, learned Senior counsel appearing for the petitioner submits that if a direction is issued to the second respondent for disposal of their application dated 24.07.2006, that would satisfy the petitioner.

3. In paragraph 5 of the affidavit, the petitioner has specifically stated that they had applied for new registration certificate for the petitioner-hotel as early as on 24.07.2006 itself and the same is pending with the second respondent from 24.07.2006 to till date.

4. In view of the specific assertion, we are of the view that ends of justice would be met by directing the second respondent, Commissioner of Corporation, Chennai, to consider and dispose of the application No. No.2975 dated 24.07.2006, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition is ordered accordingly. No costs. raa

To

1.The Member Secretary,

Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Road,

Chennai-600 008.

2.The Commissioner,

Corporation of Chennai,

Rippon Building,

Chennai-600 003.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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