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Madras High CourtWP/13085/2017disposed of

P.Chidhambaram v. The District Collector

2017-05-18Honourable Mr Justice R. Mahadevan,Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2017

CORAM

THE HON'BLE MR. JUSTCE R.MAHADEVAN AND THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.No.13085 of 2017 and W.M.P.No.13972 of 2017 P.Chidhambaram ... Petitioner Vs.

1 The District Collector Tirupur District, Tirupur.

2 The District Manager The Tamil Nadu State Marketing Corporation Limited (TASMAC) Angeripalayam Road, Tirupur City.

3. The Revenue Divisional Officer, Tirupur Division, Tirupur-1.

4. The Tahsildar, Tirupur South Taluk, Palavanchipalayam Road, Tirupur.

5 C.Dhanabal .. Respondents PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 1st respondent to take appropriate action on the representation dated 29.04.2017 made by the villagers of Semalaigoundanpalayam in Alagumalai Village, Tirupur Taluk and District and safeguard the interests of the village people.

For Petitioner : Mr.P.M.Duraiswamy For Respondents :

Mr.M.K.Subramanian Government Pleader for respondents 1, 3 & 4 Mr.K.Venkataramani Addl. Advocate General assisted by Mr.M.John Kennedy for R-2 :

ORDER

(Order of the Court was made by R.Mahadevan,J.) The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing the 1st respondent to take appropriate action on the representation dated 29.04.2017 made by the villagers of Semalaigoundanpalayam in Alagumalai Village, Tirupur Taluk.

2. Objecting to the opening of a TASMAC Shop in S.F.No.143 of Alagumalai village, owned by the 5th respondent herein, the petitioner and other villagers made a representation on 29.04.2017 to the first respondent.

Since the said representation was not considered till date, the petitioner has filed this writ petition for the relief stated supra. 3.Heard the learned Government Pleader appearing on behalf of respondents 1, 3 and 4 and also the learned Additional Advocate General appearing on behalf of the second respondent/TASMAC.

4.In view of the limited prayer sought for by the petitioner, we direct the respondent authorities to consider the representation dated 29.04.2017 submitted by the petitioner, after granting due opportunity of hearing to the petitioner as well as any of the interested parties and pass appropriate orders in line with the decision of the Supreme Court in Civil Appeal Nos.12614 - 12616 of 2016 (Order dated 15.12.2016, clarified by order dated 31.3.2017), and also as per Rule 8 of the Tamil Nadu Liquor Retail Vending (Inshops and Bars) Rules, 2003. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

The writ petition is disposed of accordingly. No costs. Consequently, W.M.P.No.13972 of 2017 is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra To:

1 The District Collector, Tirupur District, Tirupur.

2 The District Manager The Tamil Nadu State Marketing Corporation Limited (TASMAC) Angeripalayam Road, Tirupur City.

3. The Revenue Divisional Officer, Tirupur Division, Tirupur-1.

4. The Tahsildar, Tirupur South Taluk, Palavanchipalayam Road, Tirupur.

+1cc to Mr.P.M.Duraiswamy, Advocate Sr.37637 +1cc to Mr.M.John Kennady, Advocate Sr.37746 W.P.No.13085 of 2017 mg[co] srg 25/05/2017