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Madras High CourtWP/13185/2017disposed of

Vishagan, S/O Elango, v. The Managing Director,

2017-12-12Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2017

CORAM

THE HON'BLE MR.JUSTICE T.S.SIVAGNANAM & THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.NO.13185 OF 2017 & W.M.P.NO.14177 OF 2017 Vishagan

...Petitioner

Vs.

1.

The Managing Director, TASMAC, Thalamuthu Natarjan Maligai, Egmore, Chennai - 600 008.

2.

The District Collector, Tiruppur District, Tiruppur.

3.

The District Manager, TASMAC, Tiruppur, Tiruppur District.

...Respondents

Prayer:

Writ Petition , filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, forbearing the respondents from opening the TASMAC shop No.3632, at S.No.354/5, Chinnamuthur Village, Muthur Town Panchayat, Kangayam, Kodumudi Road, Muthur, Tirupur District.

For Petitioner : Mr. C. Prakasam For Respondents 1&3 : Mr. K. Sathish Kumar For Respondent-2 :

Mr. T.N.Rajagopalan Government Pleader in charge

O R D E R

(Order of the Court was delivered by T.S.Sivagnanam, J.,) Heard Mr.C.Prakasam, the learned counsel appearing for the petitioner and Mr.K.Sathish Kumar, the learned counsel for the respondents 1 and 3 and Mr. T.N.Rajagopalan, the learned Government Pleader in charge, appearing for the second respondent.

2.

The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus, forbearing the respondents from opening the TASMAC shop No.3632, at S.No.354/5, Chinnamuthur https://hcservices.ecourts.gov.in/hcservices/

Village, Muthur Town Panchayat, Kangayam, Kodumudi Road, Muthur, Tirupur District.

3. According to the petitioner, the location of TASMAC retail vending shop, bearing No.3632, in Chinnamuthur Village, Muthur Town Panchayat, Kangayam, Tirupur District, is in contravention to the distance rules framed under the Tamil Nadu Prohibition Act, 1937. In this regard, a representation has been given to the second respondent/District Collector, on 06.05.2017.

4.

Considering the limited scope of the prayer sought for by the petitioner, in this Writ Petition, without going into the merits of the case projected by the petitioner, either in the representation or in this Writ Petition, we direct the second respondent/District Collector to consider the representation made by the petitioner, dated 06.05.2017, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, and communicate the decision taken to the petitioner.

5.

This Writ Petition is disposed of accordingly. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar msm/sd To 1.

The Managing Director, TASMAC, Thalamuthu Natarjan Maligai, Egmore, Chennai - 600 008.

2.

The District Collector, Tiruppur District, Tiruppur.

3.

The District Manager, TASMAC, Tiruppur, Tiruppur District.

+1cc to Mr. C. Prakasam, Advocate, S.R.No.88624 +1cc to Mr. K. Sathish Kumar, Advocate, S.R.No.88819 +1cc to the Government Pleader, S.R.No.88529 W.P.No.13185 of 2017 VGI(CO) CS/02/01/18 https://hcservices.ecourts.gov.in/hcservices/