IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE:13-10-2009 CORAM: THE HON'BLE MR.JUSTICE P.JYOTHIMANI W.P.Nos.20815 & 20826 of 2009 and connected miscellaneous petitions. .....
M.Manohar ... Petitioner in WP.20815/09 J.Jayachandran ... Petitioner in WP.20826/09 vs. The District Revenue Officer (Additional District Magistrate) Collectorate Krishnagiri. ... Respondent in both the Wps.
Writ petitions filed under Article 226 of the Constitution of India for the issue of a writ of Certiorarified Mandamus as stated therein.
For petitioners : Mr.P.Valliappan
For respondent : Mr.V.Arun
Addl.Government Pleader
..
COMMON ORDER
By consent, the writ petitions themselves taken up for final disposal.
2. The writ petitions are directed against the orders of the respondent dated 09.10.2009, by which the respondent has rejected the claim of the petitioners to have the cracker shops at Survey No.2/408-1 and 2/408-2, Bangalore Main Road, SLV Nagar, Zuzuvadi Village, Hosur Taluk, Krishnagiri District respectively on the basis that the said lands are grazing ground (poramboke). It is the case of the petitioners that previous year during Deepavali, they were permitted to have temporary cracker shops in the same place and this year the respondent has taken a new stand as if they are grazing ground.
3. On the other hand, Mr.V.Arun, learned Additional Government Pleader appearing for the respondent would submit that by mistake permission was granted last year and thereafter it was revealed that the lands on which the shops are constructed is grazing ground, which are kept for the benefit of the animals in the interest of maintaining ecological balance. In such view of the matter, the respondent has rejected the claim of the petitioners.
4. The petitioners have filed an individual unconditional affidavit consenting to vacate and hand over the possession of the lands in the above said survey numbers to the respondent on 20.10.2009. The said under taking is hereby recorded. In view of the same, the writ petitions are disposed with direction to the respondent to grant temporary licence to the petitioners to possess and sell crackers in Survey No.2/408-1 and 2/408-2, Bangalore Main Road, SLV Nagar, Zuzuvadi Village, Hosur Taluk, Krishnagiri District subject to the Explosives Act,1884 and making it clear that the licence should be valid only upto 19.10.2009 and on condition that on 20.10.2009, the petitioners should vacate and hand over the possession. No costs. Connected miscellaneous petitions are closed.
kh
To
The District Revenue Officer
(Additional District Magistrate)
Collectorate
Krishnagiri