BOMAN IRANI Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition has been taken up for final disposal at the stage of admission, on consent of the counsels appearing for the parties, as counter affidavit has been filed and the matter is required to be disposed of at an early date.

(2.) The petitioner is carrying on business in premises Old No.847 (New No.848), Mount Road, Anna Salai, as a tenant under one Smt. Surya Bai. In one portion, he is running a tea stall after obtaining licence from the Corporation of Chennai. In other portion, the petitioner is carrying on a beetlenut shop. The petitioner has alleged that certain litigations have been pending between the petitioner and the landlady in different courts. It is the case of the petitioner that on 14.1.2003 some officials of the respondent Corporation came to the tea shop at about 1.00 P.M. and handedover two notices dated 13.1.2003, one purporting to be under Section 379-A of The Chennai City Municipal Corporation Act, (hereinafter referred to as the Act ), whereunder it was indicated that the petitioner was using the premises without a license from the Commissioner as required under Section 279 of the Act as the petitioner was called upon to stop trade within 24 hours of receipt of the notice. The other notice purported to be a show cause notice and it is extracted hereunder :-

(3.) In the counter affidavit filed on behalf of the respondents, it has been indicated that on 3.1.2003 the Divisional Sanitary Inspector and the Assistant Health Officer, Zone-VI visited the premises and found that the petitioner had violated the specific terms and conditions of the trade license issued under Section 279 of the Act and notice No.1595 dated 3.1.2003 invoking Section 279 for rectifying the defects had been issued with a view to keep the premises clean and tidy in the larger interest of the general public. The petitioner had been given 7 days time to rectify the defects. A copy of such notice has been produced. In the back portion of the notice, conditions violated by the petitioner have been indicated, which are extracted hereunder :-