Administrative actions must adhere to due process, especially in licensing matters as outlined under the applicable rules.

O R D E R

This writ petition has been filed by the petitioner to call for the records relating to the impugned Lock and Seal notice dated 17.03.2025 issued by the respondent under Rules 304 and 308 of the TN Urban Local Bodies Rules, 2023, quash the same and consequently direct the respondent to consider the petitioner's application for licence dated 08.03.2025 made in Form I under Rules 289 (3) and 290 (2) of the Rules, 2023 for the petitioner's hotel Food Ranch situated at Door No.70/30-A1, Rajendra Nagar, Sankari Road, Tiruchengode – 637 211, Namakkal District.

2. The case of the petitioner is that on 05.12.2024, the petitioner entered into a rental agreement with the owner, Thiru.R.Ravishankar, for a vacant site measuring 1200 square feet at door No. 70/30-A1, Rajendra Nagar, Sankari Road, Tiruchengode - 637 211, Namakkal District, for 11 months at a monthly rent of Rs. 15,000/-. On 02.01.2025, the petitioner obtained a Registration Certificate from the Commercial Tax Officer, Tirchengode, and a Food Safety and Standards Authority of India (FSSAI) certificate for a food vending business. On 26.02.2025, the respondent issued a show-cause notice for operating without a trade license. The petitioner applied online on 06.03.2025, but was asked to reapply due to missing details. Despite clarifying tax assessment rules, the respondent sealed the premises on 17.03.2025 without processing the application, leading the petitioner to file this writ petition.

3. Learned counsel for the petitioner would submit that the petitioner has submitted an application with relevant documents for license in Form I under Rules 289(3) and 290(2) of the Tamil Nadu Urban Local Bodies Rules, 2023, but the same was not considered till date. Moreover, in the lock and seal notice dated 17.03.2025, there is no signature of the respondent and only the blank notice was pasted in the door of the petitioner's hotel.

4. Learned Government Advocate appearing for the respondent would submit that the petitioner's application dated 08.03.2025 for trade license was received by the respondent on 17.03.2025 and the said application is incomplete without ID Proof of the applicant/petitioner, property tax, professional tax receipt for the restaurant. Hence, the same was rejected by the respondent.

5. Learned Government Advocate appearing for the respondent would further submit that if the petitioner applies for the trade license in compliance of Tamil Nadu Urban Local Body Act, 1998, the respondent shall grant the same to the petitioner.

6. Heard the learned counsel on either side and perused the materials available on record.

7. In view of the above factual matrix of the case, this Court issues the following directions:

(i) The Lock and Seal notice dated 17.03.2025 issued by the respondent under rules 304 and 308 of the Tamil Urban Local Bodies Rules, 2023 is hereby quashed.

(ii) The respondent is directed to de-seal the premises/Food Ranch Restaurant on or before 28.03.2025.

(ii) The petitioner is directed to give a fresh application along with relevant documents to the respondent, within a period of two weeks from the date of receipt of a copy of this order;

(iii) On such receipt, the respondent is directed to consider the same on merits, in accordance with law and pass appropriate orders, within a period of four weeks thereof.

8. This writ petition is disposed of with the aforesaid observation and directions. No costs. Consequently, connected miscellaneous petition is also closed.

9. List this case on 21.04.2025 under the caption “For Reporting Compliance”.

26.03.2025 (vm)

Index : Yes/No Speaking Order : Yes/No Neutral Citation : Yes/No To:

The Commissioner, Tiruchengode Municipality, Tiruchengode – 637 211, Namakkal District.

J.SATHYA NARAYANA PRASAD,J.

vm

26.03.2025