Somakrishnan Ramadass, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Somakrishnan Ramadass ..

Petitioner Vs.

1. The District Collector The District Collector Collectorate Office Kancheepuram District.

2. The Managing Director Tamil Nadu State Marketing Corporation (TASMAC) Egmore, Chennai - 600 008.

3. The District Manager TASMAC - Thirumalizai - Unit - III No.1, Bangalore National Highways Chembarampakkam Chennai District - 123.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, calling for the records relating to the Impugned Order of the 1st Respondent by her proceedings Na.Ka.2022/2023/V1 dated 03.03.2024 and to quash the same and also forbearing the respondents from relocating the TASMAC shop No.4035 at Plot No.822, Survey No.109/1 in No.56, Cini Protection Assistant Nagar, Pudhuper Village, Sriprampadhur Taluk, Kancheepuram District.

For the Petitioner :

Ms.V.Meenakshi for Mr.J.Thomas Saran Singh For the Respondents :

Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.K.Karthik Jegannath Government Advocate for R1 Mr.K.Balakrishnan Standing Counsel for R2 and R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.V.Meenakshi, learned counsel appearing for Mr.J.Thomas Saran Singh, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.K.Karthik Jegannath, learned Government Advocate for respondent No.1 and Mr.K.Balakrishnan, learned Standing Counsel for respondent No.2 and 3.

2. The petitioner is challenging the order dated 03.03.2024, directing to relocate the TASMAC Shop No.4035.

3. Learned counsel for the petitioner submits that the objections raised by the petitioner were not considered by the District Collector while passing the impugned order. This Court, in the earlier petition, has directed the District Collector to consider the objections filed by the petitioner.

4. Learned Standing Counsel appearing for respondent Nos.2 and 3 points out that the license-holder has filed a writ petition bearing W.P.No.10878 of 2024. The learned Single Judge has granted stay to the same order challenged in the present writ petition on 25.04.2024 and the said writ petition is still pending.

5. It appears that the present writ petition is filed to support the the license-holder, who himself has challenged the order dated 03.03.2024 in respect of the TASMAC Shop No.4035. The petitioner has also challenged the same order by way of a Public Interest Litigation. This shows that the petitioner is in hand and glove with the license-holder.

6. As the order dated 03.03.2024, in respect of the TASMAC Shop No.4035, is already challenged by the license-holder, the present Public Interest Litigation, stands dismissed with costs. Cost in cause. Consequently, W.M.P.Nos.13104 and 13105 of 2024 are closed. (S.V.G., CJ.) (J.S.N.P., J.) 29.04.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector The District Collector Collectorate Office Kancheepuram District.

2. The Managing Director Tamil Nadu State Marketing Corporation (TASMAC) Egmore, Chennai - 600 008.

3. The District Manager TASMAC - Thirumalizai - Unit - III No.1, Bangalore National Highways Chembarampakkam Chennai District - 123.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 29.04.2024