M.Vignesh,S/O.M.Manoharan v. Tamilnadu State Marketing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.21647 of 2018 and WMP.No.25316 of 2018 M.Vignesh .. Petitioner Vs.
1. Tamil Nadu State Marketing Corporation Ltd., (TASMAC) rep. By its Managing Director, Thalamuthu Natarajan Building, Gandhi Irvin Road, Egmore, Chennai - 600 008.
2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), No.735, LLA Building, 4th Floor, Anna Salai, Chennai - 600 002.
3. The District Collector, Tiruvallur District, Tiruvallur.
4. The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tiruvallur East District, Tiruvallur District, No.1, Bangalore Highway Road, Sembarambakkam, Pincode - 602 103.
5. The Inspector of Police, T2, Ambattur Police Station, Chennai.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to forbearing the respondents, their men and people or any other subordinates claiming from them from in any manner installing or locating any Tasmac shop either with bar or without bar at Brindavan Colony, Vanagaram main Road, Athipet, Chennai - 600 058.
For Petitioner : Mr.S.Balasubramanian For Respondents : Mr.P.Arumugarajan, Standing counsel for R1,R2 & R4.
Mr.N.Inbanathan, Additional Government Pleader for R3 and R5.
O R D E R
Mr.P.Arumugarajan, learned Standing Counsel takes notice for the 1st, 2nd and 4th respondents and Mr.N.Inbanathan, learned Additional Government Pleader takes notice for the 3rd and 5th respondents. By consent of the parties, the main writ petition itself is taken up for final disposal.
2. The petitioner seeks for a Mandamus to forbear the respondents from in any manner installing or locating any Tasmac shop with or without Bar at Brindavan Colony, Vanagaram Main Road, Athipet, Chennai - 600 058.
3. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.
4. The grievance of the petitioner is that the proposed location of the TASMAC shop in the subject matter site is an objectionable one, since such location violates the distance rules.
5. However, the learned counsel appearing for the respondents 1, 2 & 4, based on written instructions received from the 4th respondent dated 27.08.2018, submitted that there is no proposal to locate the TASMAC shop in the subject matter site and therefore, the petitioner's apprehension is baseless. He has produced the said communication before this Court.
6. Perusal of the said communication clearly indicates that there is no proposal to locate or open a TASMAC Shop at Brindavan Colony, Vanagaram Main Road. The above said statement made by the 4th respondent is placed on record and the writ petition is disposed of as no further order is necessary. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar
To
1. The Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Thalamuthu Natarajan Building, Gandhi Irvin Road, Egmore, Chennai - 600 008.
2. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), No.735, LLA Building, 4th Floor, Anna Salai, Chennai - 600 002.
3. The District Collector, Tiruvallur District, Tiruvallur.
4. The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tiruvallur East District, Tiruvallur District, No.1, Bangalore Highway Road, Sembarambakkam, Pincode - 602 103.
5. The Inspector of Police, T2, Ambattur Police Station, Chennai.
W.P.No.21647 of 2018 GSP(29/08/2018)