Arul Raja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2017

CORAM

THE HON'BLE Mr. JUSTICE K.RAVICHANDRABAABU W.P.No.10094 of 2017 and W.M.P.No.11075 of 2017 Arul Raja, ... Petitioner Vs.

1. The District Collector, Namakkal District,

2. The Managing Director, No.735, LLA Buildings, IV Floor, Anna Salai, Chennai-600 002.

3. The District Manager, ... Respondents writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the respondents from allowing any TASMAC shops to function at Kilaripatti-Karapuliyamedu area, Devanagurichi Village, Anangoor Main Road, Devanankurichi Post, Tiruchengode Taluk, Namakkal District.

For Petitioner : Mr. Lesi Saravanan For Respondent : Mr.Akhil Akbar Ali (Government Advocate) for R1 Mr.B.Nedunchezhiyan (Government Advocate) for R2, R3

O R D E R

This writ petition is filed for a Mandamus forbearing the respondents from allowing any TASMAC shops to function at Kilaripatti-Karapuliyamedu area, Devanagurichi Village, Anangoor Main Road, Devanankurichi Post, Tiruchengode Taluk, Namakkal District.

2. Mr.Akhil Akbar Ali, learned Government Advocate takes notice for the first respondent.

Mr.B.Nedunchezhiyan, learned Standing Counsel takes notice for the respondents 2 and 3. By consent, the main writ petition itself is taken up for final disposal.

3. The grievance of the petitioner is that the respondents are trying to locate the TASMAC shop at the above disputed site/area, after closing such shop in another place, in pursuant to the order passed by the Honourable Supreme Court.

4. Mr.B.Nedunchezhiyan, learned Standing counsel appearing for the respondents 2 and 3 , based on instructions, submitted that in pursuant to the closure of the shop, the respondents are not having any proposal to locate the shop in the disputed site/area and therefore, the petitioner need not have any apprehension or grievance. He has also made an endorsement to that effect.

5. Recording the above said submission and the endorsement made by the learned counsel for the respondents 2 and 3, this writ petition is closed as no further order is necessary. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar vsi/mm To

1. The District Collector, Namakkal District,

2. The Managing Director, No.735, LLA Buildings, IV Floor, Anna Salai, Chennai-600 002.

3. The District Manager, W.P.No.10094 of 2017 and W.M.P.No.11075 of 2017 ca(co) ss(2/5/2017)