K.Sundaramoorthy, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2017

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mr. JUSTICE K.RAVICHANDRABAABU W.P.No.18089 of 2017 K.Sundaramoorthy ... Petitioner Vs.

1.The State of Tamil Nadu, represented by its District Collector, Cuddalore District, Cuddalore - 607 001.

2.The Superintendent of Police, Cuddalore District, Cuddalore - 607 001.

3.The District Manager (TASMAC), Tamil Nadu State and Marketing Corporation, Cuddalore, Cuddalore Taluk and District.

4.The Tahsildar, Kurinjipadi Taluk, Kurinjipadi.

5.The Inspector of Police, Kurinjipadi Police Station, Kurinjipadi, Kurinjipadi Taluk, Cuddalore District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents from opening any TASMAC outlet in Survey No.25 or in the vicinity of the aforesaid Pachaivazhi Amman Temple, St. Paul's Matriculation School, Venkateswara I.T.I. in residential area of Kurinjipadi, Kurinjipadi Taluk, Cuddalore District. For Petitioner : Mr.R.Mohammed Nasrullah For RR 1, 2, 4 & 5 : Mrs.Vasudha Thiyagarajan Additional Government Pleader For 3rd Respondent : Mr.B.Nedunchezhiyan

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard R.Mohammed Nasrullah, learned counsel for the petitioner; Mrs.Vasudha Thiagarajan, learned Additional Government Pleader for the respondents 1, 2, 4 & 5 and Mr.B.Nedunchezhiyan, learned counsel for the 3rd respondent. 2.This writ petition has been filed as a Public Interest Litigation to forbear the respondents from opening any TASMAC outlet in Survey No.25 or in the vicinity of the aforesaid Pachaivazhi Amman Temple, St. Paul's Matriculation School, Venkateswara I.T.I. in residential area of Kurinjipadi, Kurinjipadi Taluk, Cuddalore District.

3.Counter affidavit has been filed by the District Manager/Deputy Collector, TASMAC, Cuddalore District stating there is no proposal to open any shop in Kurinjipadi Town and Taluk in Survey No.25.

4.The said submission is placed on record and the respondents are restrained from opening any TASMAC, retail vending shop in Survey No.25 of Kurinjipadi Taluk, for which mandamus has been sought for.

5.In view of the above submission, the Writ Petition is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Sgl To 1.The District Collector, The State of Tamil Nadu, Cuddalore District, Cuddalore - 607 001.

2.The Superintendent of Police, Cuddalore District, Cuddalore - 607 001.

3.The District Manager (TASMAC), Tamil Nadu State and Marketing Corporation, Cuddalore, Cuddalore Taluk and District.

4.The Tahsildar, Kurinjipadi Taluk, Kurinjipadi.

5.The Inspector of Police, Kurinjipadi Police Station, Kurinjipadi, Kurinjipadi Taluk, Cuddalore District.

+1cc to Mr.B.Nedunchezhiyan, Advocate Sr.No.92104 +1cc to Mr.R.Gururaj, Advocate SR.No.91711 sm:17.1.2018 W.P.No.18089 of 2017