C.Meiyyalagan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2024
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.
No.3989 of 2024 and W.M.P.No.4303 of 2024 C.Meiyyalagan ... Petitioner -vs1.The District Collector Office of the District Collector, Erode.
2.The Branch Manager, Tamil Nadu State Marketing Corporation, Erode.
3.The Managing Director Tamil Nadu State Marketing Corporation, CMDA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 1/5
respondents 2 and 3 to implement the order of the first respondent dated 09.12.2023 in Na.Ka.No.14000/2023/J1 by removing the TASMAC Shop No.3851 functioning at No.153, Muthampalayam, Chennaimalai Road, Erode Taluk.
For Petitioner : Ms.Radhika Boopathi For Respondent 1 : Mr.P.Balathandayutham, Spl. GP For Respondents : Mr.M.Sekar, SC (TASMAC) 2, 3 **********
ORDER
The petitioner seeks a direction to shift TASMAC Shop No.3851, which is situated on the Erode Chennaimalai Road adjacent to the petitioner's house.
2. By relying on the order issued by the District Collector on 09.12.2023, learned counsel for the petitioner submits that the one 2/5
month period specified in the said order expired on or about 08.01.2024. In spite of the time limit expiring, it is submitted that the second and third respondents have not taken any steps to shift the shop. Learned counsel further submits that the continued operation of the shop is causing great hardship especially to the female members of the house hold.
3. Mr.P.Balathandayutham, learned Special Government Pleader, accepts notice on behalf of the first respondent and Mr.M.Sekar, learned senior standing counsel, accepts notice on behalf of the second and third respondents. On instructions, learned standing counsel for TASMAC submits that TASMAC is in the process of identifying an appropriate alternative location for the shop. He makes a request that the time limit be extended so as to enable the identification of such location, and to make necessary arrangements. He also submits that the owner of the current premises and TASMAC's licensee have not challenged the Collector's 3/5
order, and that no objections are pending before the Collector in relation thereto.
4. Upon considering these submissions, W.P.No.3989 of 2024 is disposed of by directing the second and third respondents to shift Shop No.3851 from the present location on or before 31.03.2024. No costs. Consequently, W.M.P.No.4303 of 2024 is closed. 20.02.2024 rna Index : Yes / No Internet : Yes / No To 1.The District Collector Office of the District Collector, Erode.
2.The Branch Manager, Tamil Nadu State Marketing Corporation, Erode. 3.The Managing Director Tamil Nadu State Marketing Corporation, CMDA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.
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SENTHILKUMAR RAMAMOORTHY,J rna and W.M.P.No.4303 of 2024 20.02.2024 5/5