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Article 226 in The Constitution Of India 1949

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Madras High Court
A.J.Munneer Ahmed vs Cantonment Board Wellington on 27 April, 2011
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date:27.4.2011

CORAM

THE HONOURABLE MR. JUSTICE R.SUDHAKAR

Writ Petition No.10633 of 2011  
and
W.P.No.1 of 2011



A.J.Munneer Ahmed                                            ... Petitioner 

    Vs

1.Cantonment Board Wellington,
   represented by its 
   Chief Executive Officer,
   Cantonment Board Office,
   Wellington,
   Coonoor,
   Nilgiris.

2.The Health Superintendent,
   Cantonment Board Wellington,
   Wellington,
   Coonoor,
   Nilgiris.                                                    ... Respondents 

	Writ Petition  is filed under Article 226 of the Constitution of India praying to issue a Writ of  Mandamus, directing the respondents to receive the renewal fee from the petitioner pursuant to his renewal application dated 18.3.2011 and renew the petitioner's licence in respect of the Beef Stall No.VI/210, Old No.401, situate at Wellington Barracks under the first respondent Board, Coonoor Taluk, Nilgiris District, for a further period for the period from 1.6.2011.


	For Petitioner     	:       Mr.J.Franklin 

	For Respondents :	Mr.M.Vijayan
					for M/s.King and Patridge.
						 
-----
O R D E R

Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondents to receive the renewal fee from the petitioner pursuant to his renewal application dated 18.3.2011 and renew the petitioner's licence in respect of the Beef Stall No.VI/210, Old No.401, situate at Wellington Barracks under the first respondent Board, Coonoor Taluk, Nilgiris District, for a further period for the period from 1.6.2011.

2. Mr.M.Vijayan, learned counsel, takes notice on behalf of the respondents. By consent of both the parties, the writ petition is taken up for final disposal.

3. The writ petition has been filed for a mandamus to receive the renewal application and renewal fee for the shop mentioned above. On going through the typedset of papers, it is clear that the petitioner has given an affidavit on 15.3.2011 which states as follows:- "3. I state that the said shop already sealed by the Cantonment Board on 28/02/2011 and on my request the Wellington Cantonment Board has permitted me to reopen the said stall on 15/03/2011." "4. I state that I surrender the said stall to the Wellington Cantonment on 01/06/2011." "7. I am fully aware that the permission given to open the said sealed stall for the limited period has been accorded to me by the Cantonment Authorities on the strength of the Specific undertaking given by me by this affidavit."

4. In the light of the affidavit given by the petitioner, no relief can be granted as sought for in the writ petition.

5. The writ petition is opposed by Sri M.Vijayan, learned counsel appearing for the respondents stating that there is a procedure prescribed for allotment of shop under Cantonment Act 2006.

6. In the light of the stand taken by the respondents, it is open to the petitioner to pursue the matter with the respondents in accordance with the provisions of the Cantonment Act 2006.

7. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. ts To

1.Chief Executive Officer, Cantonment Board Wellington, Cantonment Board Office, Wellington, Coonoor, Nilgiris.

2.The Health Superintendent, Cantonment Board Wellington, Wellington, Coonoor, Nilgiris