Subramanian v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.6669 of 2021 Subramanian President, Sri Poornapushkalai Sametha Ayyanar Tirukovil Trust Veppur Village, Veppur Taluk Cuddalore District.

.. Petitioner -vs1.The District Collector, Gundu Salai Road, Pennaiyar Road, Manjakuppam, Cuddalore - 607 001.

2.The Sub-Registrar, Veppur Taluk, Cuddalore District.

3.The Commissioner, Tamil Nadu Agricultural Marketing & Agri Business, Thiru Vi Ka Industrial Estate, Guindy, Chennai, Tamil Nadu - 600 032.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the first respondent to consider the representation of petitioner dated 7.2.2021 and 18.2.2021 for opening the Agricultural Co-operative Market in Veppur Village and Taluk, Cuddalore District. For Petitioner : Mr.G.Surya Narayanan For Respondents : Mr.V.Jayaprakash Narayanan State Government Pleader for respondent Nos.1 and 3

Mr.T.M.Pappiah Spl. Government Pleader for respondent No.2

ORDER

(Order of the Court was made by Senthilkumar Ramamoorthy,J.) The writ petitioner asserts that a Agricultural Regulated Co-operative Market was to be established in Veppur Taluk. However, it is stated that on the ground that the land earmarked for such purpose is temple property, and the no objection of the HR & CE Department was not obtained, the official respondents are planning to open such Agricultural Market at Chittoor Village instead of Veppur Taluk. The writ petitioner states that though representations of 07.2.2021 and 18.2.2021 were submitted in this regard, no action has been taken.

2. The merits of the petitioner's representations cannot be conveniently assessed in these proceedings, as it also involves disputed questions of fact. Accordingly, without examining the merits or tenability of the representations dated 07.2.2021 and 18.2.2021, the first respondent is directed to consider such representations and dispose of the same by a reasoned order after providing a reasonable opportunity to all parties affected thereby. Such reasoned order shall be passed within a period of eight weeks from the date of receipt of a copy of this order.

W.P.No.6669 of 2021 is disposed of on the above terms. There will be no order as to costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar bbr To:

1.The District Collector, Gundu Salai Road, Pennaiyar Road, Manjakuppam, Cuddalore - 607 001.

2.The Sub-Registrar, Veppur Taluk, Cuddalore District.

3.The Commissioner, Tamil Nadu Agricultural Marketing & Agri Business, Thiru Vi Ka Industrial Estate, Guindy, Chennai, Tamil Nadu - 600 032.

+1cc to the Government Pleader SR.17129 W.P.No.6669 of 2021 SKY(CO) CB(29/03/2021)