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1996 Supreme(Mad) 630

K.A.SWAMI, A.R.LAKSHMANAN
V. Mani – Appellant
Versus
Madras Metropolitan Development Authority, Sites and Service Committee and three others – Respondent


Appearing Advocates:Mr. M. Ravindran, Senior Counsel for M/s. H. Rajasekar, P. Ravishankar and D. Sreenivasan, for Appellant. Mr. A. Chellakumar, Advocate for Respondent No.1, Mr. D. Murugesan, Advocate for Respondent No.2, Mr. N. Kannadasan, Advocate for Respondent No.3, Mr. M. Sekar, Advocate for Respondent No.4.

Judgment :-

K.A. Swami, CJ.

1. This appeal is preferred against the order dated 3.1.1995 passed by the learned single Judge dismissing W.P.No.1445 of 1994. In the writ petition the petitioner sought for quashing the Resolution No.90/93 of the first respondent as communicated to the petitioner in letter No.SS.1/20903/93 dated 9.12.1993 and consequently forbear the respondents from permitting or issuing any licence in favour of the fourth respondent or to anybodyelse at Shop No.1. M.M.D.A. Colony, Arumbakkam, Madras-106 to run a flour-cum- shikkakaimill by issue of a writ of certiorarified mandamus.

2. Learned single Judge has dismissed the writ petition by holding the denial of flour mill licence to the fourth respondent, or refusing to permit to run a flour mill in Shop No.1 in question would be denying the right of the fourth respondent to locate a flour mill and it would affect his business. Learned single Judge has further opined that the one is a mixed resident zone. Therefore, the petitioner has no right to question the decision of the Madras Metropolitan Development Authority (hereinafter ref erred to as ‘M.M.D.A.’) permitting a change in the nature of use of the shop to run









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