A.Kalimuthu v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM:

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.1167 OF 2022 A.Kalimuthu ... Petitioner .Vs.

1. The Managing Director, The Tamil Nadu State Marketing Corporation (TASMAC) Ltd., CMDA Tower - II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2. The District Collector, Coimbatore District, Coimbatore.

3. The Regional Manager, The Tamil Nadu State Marketing Corporation (TASMAC) Ltd., No.305 A, Vilankurichi Road, Chintamani Co-operative Society Depot, Peelamedu, Coimbatore - 641 004.

... Respondents PRAYER:- Petition filed under Article 226 of The Constitution of India praying for a Writ of Mandamus directing the respondents not to shift the TASMAC Retail Vending Shop No.1743 from the present place of Thirumalaiyampalayam to any other objectionable place based on the representation dated 07.12.2021. For Petitioner :

Mr.C.Munusamy For Respondents :

Mr.C.Harsha Raj Additional Government Pleader For R2

Mr.K.Satish Standing Counsel For R1 & R3

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) We have heard the learned counsel for the parties.

2. The writ petition has been filed seeking a direction to the respondents not to shift the TASMAC Retail Vending Shop No.1743 from the present location based on his representation dated 07.12.2021.

3. Mr.K.Satish, learned Standing Counsel appearing for respondents 1 and 3 submits that as on date, there is no proposal to shift the shop in question to any other place. According to him, the writ petition has been filed on an apprehension. It is further submitted that as and when a decision is taken to shift the shop in question, it would be located without violations of the provisions of law.

4. In view of the said submissions, nothing survives for consideration in this writ petition as it has been filed on an apprehension and without any basis. In the absence of any proposal to shift the shop in question, the cause does not survive.

5. Accordingly, the writ petition is dismissed. There will be no order as to costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rs

To 1.

The Managing Director, The Tamil Nadu State Marketing Corporation (TASMAC) Ltd., CMDA Tower - II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2.

The District Collector, Coimbatore District, Coimbatore.

3.

The Regional Manager, The Tamil Nadu State Marketing Corporation (TASMAC) Ltd., No.305 A, Vilankurichi Road, Chintamani Co-operative Society Depot, Peelamedu, Coimbatore - 641 004.

+1cc to the Government Pleader, S.R.No.5711 W.P.NO.1167 OF 2022 SR-II(CO) PBS/07/02/2022