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Madras High CourtWP/2845/2022dismissed

Jiji Mathew v. The Managing Director

2022-02-17Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.2845 of 2022 Jiji Mathew .. Petitioner vs

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

2. The District Collector, Singaravelar Maaligai, Chennai 600 001.

3. The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai 600 007.

4. The District Collector, Tiruvallur District, Tiruvallur 602 001.

5. The District Manager, Tiruvallur East, IMFS Depot, Bangalore High Road, Chembarambakkam Village, Tiruvallur District, Tiruvallur 600 123.

6. S.Anandan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1, 4 and 5 to stop the proposed TASMAC outlet and cancel the license if any, at the 6th respondent's building based on the representation of the petitioner dated 12.01.2022.

For the Petitioner : Mr.D. Ashok Kumar For the Respondents : Mr.Satish Kumar Stdg. Counsel for R-1 : Mr.P.Muthukumar State Govt. Pleader for RR 2 to 4

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed for the second time without an order being passed for sanction of opening of the Tasmac outlet at the proposed site. Another prayer has also been made for cancellation of licence.

2. Learned counsel appearing for the Tasmac submits that the proposal has not yet been finalised in terms of the grant of licence for the location as alleged by the petitioner, thus, the petition is premature. The learned State Government Pleader otherwise submits that they would not allocated the site for opening of a Tasmac outlet in contravention of the Rules, yet, writ petitions are being filed.

3. Taking note of the fact that no order has been passed by the respondents regarding licence and opening of the Tasmac shop on the location alleged by the petitioner, the writ petition is premature and is, accordingly, dismissed. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar sra To:

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

2. The District Collector, Singaravelar Maaligai, Chennai 600 001.

3. The Commissioner of Police, Greater Chennai Corporation, Vepery, Chennai 600 007.

4. The District Collector, Tiruvallur District, Tiruvallur 602 001.

5. The District Manager, Tiruvallur East, IMFS Depot, Bangalore High Road, Chembarambakkam Village, Tiruvallur District, Tiruvallur 600 123.

+1cc to the Government Pleader SR.No.10794 W.P.No.2845 of 2022 NK(CO) GN(24/02/2022)