Madras High CourtWP/20714/2015disposed of

G.Vasudevan, v. The District Collector,

2015-07-10Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2015 Coram The Hon'ble Mr. Justice T.RAJA W.P.No.20714 of 2015 G.Vasudevan ..

Petitioner Vs.

1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Managing Director, Corporation (TASMAC), CMDA Building, Egmore, Chennai - 8.

3.The Manager, Corporation (TASMAC), Thandangam, Dharmapuri.

Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the first and second respondents to consider and pass orders on the representation dated 15.05.2015 seeking shifting of TASMAC Shop No.2834 for safety purposes on merits and as per law within a time to be stipulated by this Court.

For Petitioner ..

Mr.L.Chandrakumar For Respondents ..

Mr.R.Lakshmi Narayanan, Addl. Govt. Pleader for R1 Mr.S.Muthuraj for R2 & R3

ORDER

This writ petition has been filed by G.Vasudevan under Article 226 of The Constitution of India seeking a mandamus, directing the second respondent - Managing Director of Tamil Nadu State Marketing Corporation Limited (TASMAC) to consider and pass orders on his representation dated 15.05.2015, seeking shifting of the existing

TASMAC Shop No.2834 for safety purposes on merits and as per law. 2.Heard the learned counsel appearing for the petitioner and Mr.S.Muthuraj, learned counsel appearing for respondents 2 and 3. Mr.R.Lakshmi Narayanan, learned Additional Government Pleader takes notice for the first respondent.

3.The petitioner is the owner of the building nearer to Sabari Complex and he rented the premises for various non-residential usage. Since the building is three decades old, it got deteriorated and is causing danger to the users and the frequent visitors of the said commercial complex. In view of the imminent danger to the occupants and users, the petitioner proposed to demolish the building in the year 2009 for the purpose of reconstruction. In this regard, he has requested all the occupants to vacate the building and except the petitioner, other occupants vacated the building. Therefore, the petitioner has made a representation dated 15.05.2015 to the respondent and the same has not been considered till date. Hence the petitioner has come up with this writ petition. 4.

Considering the facts and circumstances of the case, without going into the merits of the matter, this Court directs the petitioner to furnish a fresh copy of the representation dated 15.05.2015 to the third respondent. On receipt of the same, the third respondent shall consider the matter and pass appropriate orders within a period of twelve weeks from the date of receipt of the representation. The writ petition is disposed of accordingly. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar mmi To 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Managing Director, (TASMAC), CMDA Building, Egmore, Chennai - 8.

3.The Manager, (TASMAC), Thandangam, Dharmapuri.

+1 cc to Mr.L.ChandraKumar, Advocate sr.35310 W.P.No.20714 of 2015 vp(co) aa07/08/2015