D.Simon, S/O.S.Devabakthi v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2017 CORAM :
The Hon'ble MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR W.P.No.5568 of 2017 D.Simon .. Petitioner-in-Person -vs1.State of Tamilnadu, rep. by the Secretary, Civil Supplies & Consumer Protection Department, Fort St. George, Chennai - 600 009.
2.The Commissioner, Civil Supplies & Consumer Protection Department, Ezhilagam, Chepauk, Chennai - 600 005.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, the respondents 1 and 2 to take immediate steps on war footing to restore the availability of goods like rice, sugar, kerosene, dhal and other goods to all the ration card holders in all fair price shops run by the Government of Tamilnadu in the State of Tamilnadu. For Petitioner :
Mr.D.Simon Petitioner - in - Person For Respondents :
Mr.M.K.Subramanian Government Pleader * * * * *
ORDER
(Order of the Court was made by The Hon'ble Acting Chief Justice) Mr.M.K.Subramanian, learned Government Pleader takes notice for the respondents.
2. The petitioner has filed the writ petition seeking
issuance of a writ of mandamus directing respondents 1 and 2 to take immediate steps on war footing to restore the availability of goods like rice, sugar, kerosene, dhal and other goods to all the ration card holders in all fair price shops run by the Government of Tamilnadu in the State of Tamilnadu.
3. The petitioner, who is a practicing Advocate alleges that he is a ration card holder issued by the Consumer and Civil Supplies Department for the fair price shop situated at Kodungaiyur. He states that now a days, the fair price shops in Tamilnadu are not distributing the essential consumer goods like sugar, kerosene, palm oil and dhal. The free rice already given to the poor people was also stopped for which fair price shops are giving wheat. The petitioner further states that a news item appeared in the newspaper that the respondent/authorities have not taken any steps to issue tender for procurement of goods and because of the inaction on the part of the respondents, the entire people of Tamilnadu are affected. Hence, the present petition has been filed for the relief stated supra.
4. It is the submission of the learned Government Pleader that the State of Tamilnadu is one of the best States in supplying essential commodities to the poor and needy people even as per the observations made by the Apex Court in the case of PUCL v. Union of India, W.P. (Civil) No.169 of 2001.
5. On hearing the learned counsel for the parties, we are of the firm view that the present writ petition is bereft of particulars/statistics. If really there is any controversy over the distribution of the essential commodities to the people, the petitioner has to first collect the details and then address the Government. The writ petition is based entirely on the newspaper reports alone with no other ground work. Without doing any ground work, the petitioner has straight away approached this Court, which is unacceptable. The grievance expressed by the petitioner in the present petition cannot be treated as one in public interest and the State Government will take care of the situation as per policy decision.
6. The writ petition is dismissed. No costs. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar bbr
To 1.The Secretary, Civil Supplies & Consumer Protection Department, Fort St. George, Chennai - 600 009.
2.The Commissioner, Civil Supplies & Consumer Protection Department, Ezhilagam, Chepauk, Chennai - 600 005.
+1cc to The Government Pleader sr.14776 W.P.No.5568 of 2017 rj(co) ss(14/03/2017)