P MUTHU PILLAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein applied to the District Supply Officer, Ramanathapuram, at Madurai, for a licence to run a rice mill at Mamsapuram, on the ground that he has purchased the rice-mill from one K. K. Perumal Raja under a sale deed No. 2764/74 dated 28-9-1974, and that the existing rice-mill licence granted in favour of Perumal Raja had been surrendered. At that stage, one K. P. Alagar Raja (the 3rd respondent in these petitions) objected to the grant of the licence to the petitioner. The District Supply Officer overruled the objections and issued a licence to the petitioner on 20-6-1975.

(2.) Thereupon the third respondent preferred an appeal before the District Revenue Officer, Ramanathapuram, at Madurai, who confirmed the order of the District Supply Officer granting the licence to the petitioner, by his order dated 31-7-1975. Thereafter the third respondent filed a revision petition before the Government of Tamil Nadu on 15-9-1975 and the Government, without any notice tot he petitioner, who is the affected party, held that since there is dispute as regards the ownership of the property no licence should have been granted to the petitioner and, in that view, remanded the case to the District Revenue Officer for passing order afresh.

(3.) After remand, the third respondent filed another petition before the District Revenue Officer requesting him to cancel the licence issued to the petitioner and to grant a licence in his favour. After hearing the parties once again, the District Revenue Officer cancelled the licence in favour of the petitioner, by an order dated 23-9-1976 on the ground that there was a dispute as to the ownership of the property. The petitioner had filed W. P. No. 3885 of 1976 questioning the validity of the order passed by the Government on 2-2-1979 in revision remanding the matter back to the District Revenue Officer for deciding the matter afresh. He has also filed W. P. 4036 of 1976 challenging the ultimate order passed by the District Revenue officer on 23-9-1976, cancelling the licence in pursuance of the directions given by the Government.