M.Devanathan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.No. 22890 of 2017 M.Devanathan .. Petitioner Vs.

1. The Managing Director, Tamil Nadu State Marketing Corporation, Egmore, Chennai - 600 008.

2. The District Manager, Tamil Nadu State Marketing Corporation, Chennai South District, B-4, Ambattur Industrial Estate, Ambattur, Chennai - 600 058. .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to close down the TASMAC Shop No. 494 in pursuant to the directions issued by the 2nd respondent vide his letter dated 12.04.2017, vide in Na.Ka.No.389/P3/2017 based on the representation dated 03.08.2016. For Petitioner :Mr.K.Balu For Respondents :Mr.P.Arumugaraj Standing Counsel for R1 & R2 (TASMAC)

ORDER

The Writ petition is filed for a direction to the respondents to close down the TASMAC shop No.494 in pursuant to the directions issued by the 2nd respondent by letter dated 12.04.2017 vide in Na.Ka.No.389/P3/2017 based on the representation of the petitioner dated 03.08.2016.

2. Heard the learned counsel for the petitioner as well as the learned standing counsel appearing for the respondents.

3. From the materials on record, it is seen that the second respondent by letter dated 12.04.2017 bearing reference No.Na.Ka.No.389/P3/2017 directed the shop supervisor and one K.Raj, to take steps to find out alternate place to shift the shop at the earliest. There is no direction issued by the second respondent to close down the shop as claimed by the https://hcservices.ecourts.gov.in/hcservices/

petitioner. In view of the same, the petitioner has no locus standi to file a writ petition for issuance of writ of mandamus seeking for a direction to close down the said TASMAC shop. The writ petition is liable to be dismissed as devoid of merits.

4. According to the petitioner, the petitioner has already given a representation dated 21.07.2016 to the second respondent.

5. In the result, the Writ Petition is dismissed. The second respondent is directed to consider the representation of the petitioner dated 21.07.2016 and pass orders on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. No costs. s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar kj To

1. The Managing Director, Tamil Nadu State Marketing Corporation, Egmore, Chennai - 600 008.

2. The District Manager, Tamil Nadu State Marketing Corporation, Chennai South District, B-4, Ambattur Industrial Estate, Ambattur, Chennai - 600 058.

+1 CC to Mr.P. Arumugam, Advocate sr 61439.

+1 CC to Mr.K. Balu, Advocate sr 62010.

W.P.No. 22890 of 2017 SP(15/09/2017) https://hcservices.ecourts.gov.in/hcservices/