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Madras High CourtWP/24330/2017dismissed

V.Dhavagnanam, v. The Managing Director,

2017-09-19Honourable The Chief Justice,Honourable Mr Justice M. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2017

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.24330 of 2017 V.Dhavagnanam .. Petitioner vs.

1.The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), 4th Floor, CMDA Tower-II, Egmore, Chennai.

2.The District Collector, Villupuram District, Villupuram.

3.The District Manager, Tasmac Retail Vending Shops, Tasmac Limited, Villupuram District.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to consider the representation dated 16.08.2017 of the petitioner and to take immediate action as per law and to remove the TASMAC retail shop bearing No.11686 located near the bus stop at Deviyanandal Village within 10 meter the prohibited distance from the Salem-Puducherry State Highway in compliance with the directions of the Hon'ble Supreme Court.

For Petitioner : Mr.K.Balu For Respondents : Mr.B.Nedunchezhian for respondent Nos.1 & 3 Mr.M.K.Subramanian Government Pleader for respondent No.2

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed seeking orders on the respondents to consider the representation dated 16th August 2017 https://hcservices.ecourts.gov.in/hcservices/

of the petitioner and to take immediate action as per law to remove the TASMAC retail shop No.11686 located near the bus stop at Deviyanandal Village within 10 metres from Salem-Puducherry State Highway.

2. It is not in dispute that establishing a TASMAC retail shop within 10 metres from the State Highway is prohibited by the orders of the Hon'ble Supreme Court. However, the learned counsel appearing on behalf of respondent Nos.1& 3 submits that the shop is not within the prohibited distance from any highway. According to the petitioner, the road referred to in the writ petition is a District Major Road and not a State Highway. Since there is no other illegality adverted to in the writ petition, we do not deem it appropriate to entertain this writ petition.

3. The writ petition is, accordingly, dismissed. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar bbr To:

1.The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), 4th Floor, CMDA Tower-II, Egmore, Chennai.

2.The District Collector, Villupuram District, Villupuram.

3.The District Manager, Tasmac Retail Vending Shops, Tasmac Limited, Villupuram District.

+1cc to Mr.K.Balu, Advocate, S.R.No.68272 +1cc to Mr.B.Nedunchizhiyan, Advocate, S.R.No.68445 +1cc to the Government Pleader, S.R.No.68852 W.P.No.24330 of 2017 PVS(CO) GN(23/10/2017) https://hcservices.ecourts.gov.in/hcservices/