ORDER

The Writ Petition is directed against the communication dated

13.07.2021, issued by the respondent directing the petitioner to vacate the Aavin Booth before 18.07.2021 as the license given to the petitioner came to be cancelled.

2. The case of the petitioner is that on the basis of his application, the respondent passed an order dated 29.05.2014 granting license to function as an agent of Aavin milk booth in a vacant site at the north western portion of the entrance of the bus stand at Vedasandur, that the license was given initially for a period from 01.06.2014 to 31.05.2014, that the petitioner has paid security deposit of Rs.25,000/- and license fee fixed Rs.2,000/- per month for one year period, that the petitioner has also paid Rs.5,760/- as ground rent to Vedasandur panchayat, that since the petitioner has made all the payments and on execution of the agreement, he was permitted to operate as a licensee for Aavin products, that though there was no express written order, the respondent has permitted the petitioner to continue as a licensee till date implying extension of license, that since there was lack of clarity on the office of the respondent with respect to the quantum of enhancement of yearly license fee, though the petitioner had attempted to make payment of license fee on several times, he was instructed to wait and pay only when a demand was made fixing the amount, that the petitioner has been regularly paying the ground fee to Vedasandur panchayat till date, that the respondent without any prior notice and without calling for any explanation, has sent the impugned communication dated 13.07.2021, received on 15.07.2024 informing the cancellation of the license granted to the petitioner and also directed to vacate the Aavin booth by 18.07.2021, that the petitioner after the receipt of the said communication, has sent a Demand Draft for Rs.1,48,000/- on 30.07.2021 towards license fee payable for 74 months and also indicating his willingness to pay the enhanced amount if any, that the respondent has not raised any specific allegations against the petitioner in the impugned communication and all the allegations are general in nature, that since the respondent was not willing to accept the explanation offered by the petitioner and was insisting him to vacate and hand over the possession of Aavin booth, the petitoner was constrained to file the present, writ petition invoking Article 226 of the Constitution of India.

3. It is evident from the records that when the writ petition was taken up for admission, a learned Judge of this Court, by observing that general allegations have been levelled against the milk booth licensees and no specific allegations have been made against the petitioner, has granted an order of interim stay of all further action pursuant to the communication for a period of two weeks from the date of receipt of a copy of that order.

4. The petitioner has filed a petition in W.M.P.(MD)No.11984 of

2021 by alleing forcible dispossession from Aavin booth sought directions to the respondent to restore possession of the premises located at North Western entrance of bus stand, Vedasandur along with goods therein. The main contention of the petitioner is that on 11.08.2021 at about 12.00 hours, the subordinates of the respondent numbering five, Executive Officer, Vedasandur panchayat and his subordinates, Inspector of Police, two Sub-Inspectors of Police and five Constables attached to Vedasandur Police Station came to the place of the business occupied by the petitioner at bus stand, Vedasandur and compelled him to vacate the entire superstructure on the basis of the impugned communication dated 13.07.2021, that the petitioner informed the officials about the filing of the writ petition challenging the impugned communication of the respondent and grant of interim order by this Court and he has also given the numbers of writ petition and writ miscellaneous petitions, that when the officials demanded to se