P. Umapathy v. The District Collector

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 10.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.18717 of 2011 & MP.No.1 of 2011 P.Umapathy

...Petitioner

Vs

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Regional Manager, TASMAC, Kakkalur Village, Thiruvallur District.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents from reestablishing the TASMAC Wine shop at the shop attached with the premises at No.4/755, G.N.T.Road, M.A.Nagar, Redhills, Chennai-52.

For Petitioner : G.Shivasurya For Respondent : Mr.A.Zakir Hussain, GA for R1 Mr.N.Damodaran for R2

O R D E R

The writ petition seeking for a Writ of Mandamus without making a proper representation before the concerned authorities may not be maintainable.

2. In the instant case, the petitioner had made a representation on 28.07.2011, through registered post, objecting to the re-establishment of the TASMAC wine shop at No.4/755, G.N.T.Road, M.A.Nagar, Redhills, Chennai-52. Thereafter, within https://hcservices.ecourts.gov.in/hcservices/

one week, the present writ petition has been filed, without giving the authorities sufficient time to consider the representation.

3. In my view, such a prayer for Mandamus without giving an opportunity for the respondents to consider the representation within a reasonable time, cannot be maintained. On this ground, the writ petition is liable to be dismissed. Nevertheless, if the petitioner is of the view that their grievances still subsists, it is open to them to ventilate their grievances by way of a representation to the concerned authorities.

4. It is made clear that this Court has not expressed any of its view with regard to the grievances of the petitioner or as to whether the nature of such grievances is one in the interest of the petitioner or general public.

5. Accordingly, the writ petition stands dismissed. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pkn.

To

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Regional Manager, TASMAC, Kakkalur Village, Thiruvallur District.

+1cc to Mr.N.Damodaran, Advocate, S.R.No.58529 +1cc to the Government Pleader, S.R.No.59738 W.P.No.18717 of 2011 AD(CO) CS/28/08/2019 https://hcservices.ecourts.gov.in/hcservices/