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Madras High CourtWP/5135/2022dismissed

Kumar v. The District Collector

2022-03-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.NO.5135 OF 2022 & WMP.NO.5238 OF 2022 Kumar .. Petitioner vs

1. The District Collector, Salem District, Salem.

2. The Sub-Collector/Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam-1, Salem District.

3. The District Manager, Tamil Nadu Marketing Corporation Ltd., TASMAC, Salem District, Santhiyur, Salem-636203.

Salem District.

4. The Inspector of Police, Mecheri Police Station, Mecheri.

636453. Mettur Taluk, Salem District.

.. Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents and their subordinates from establishing/running the Tasmac shop at Arikoundanoor, Thethigiripatti village, Mettur Taluk, Salem District and consequently direct the 1st Respondent to consider the objections of the villagers dated 03.2.2022.

For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.P.Muthukumar, State Government Pleader for R1, R2 and R4 Mr.K.Satish Kumar, Standing Counsel for R3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Mr.P.Muthukumar, learned State Government Pleader accepts notice for respondents 1, 2 and 4. Mr.K.Satish Kumar, learned Standing Counsel accepts notice for the third respondent.

2. We have heard the learned counsel appearing for the respective parties.

3. The writ petition has been filed on the presumption that a TASMAC shop would be opened in the agricultural field without an order to that effect.

4. The learned Standing Counsel appearing for the third respondent submits that no such proposal has been sent to the District Collector concerned for grant of permission for opening of a TASMAC shop in the land in question. Rather, the process requires not only the proposal, but also inspection of the site by the office of the District Collector and only thereafter, permission would be granted.

5. In view of the submissions made by the learned Standing Counsel appearing for the third respondent, we find that the writ petition is premature and has been filed based on assumptions and presumptions, as there is no such process for opening of a TASMAC shop in the land in question.

6. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected WMP is also dismissed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar RS

To:

1. The District Collector, Salem District, Salem.

2. The Sub-Collector/Revenue Divisional Officer, Mettur Revenue Division, Mettur Dam-1, Salem District.

3. The District Manager, Tamil Nadu Marketing Corporation Ltd., TASMAC, Salem District, Santhiyur, Salem-636203. Salem District.

4. The Inspector of Police, Mecheri Police Station, Mecheri. 636453. Mettur Taluk, Salem District. +1cc to the Government Pleader, S.R.No.15830 WP.No.5135 of 2022 & WMP.No.5238 of 2022 VBM(CO) RLP(16/03/2022)