Mr. A.Anish Kumar, v. The Chief Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.08.2017 CORAM :
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM AND The Hon'ble Mr.JUSTICE M.SUNDAR W.P. No.19791 of 2017 and W.M.P.No.21372 of 2017 A.Anish Kumar .. Petitioner Vs.
1.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai-600 009.
2.Tamil Nadu State Marketing Corporation Limited (TASMAC), represented by its Managing Director, CMDA Tower-II, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.The District Collector, Tirupur District, Tirupur.
4.The District Manager, The Tamil Nadu State Marketing Corporation (TASMAC), District Collector Office, Tirupur District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the second respondent herein to take appropriate action on the representation dated 31.5.2017 made by the petitioner and safeguard the interests of the village people.
For Petitioner : Ms.Selvi For Respondents :Mr.Sathish Kumar for RR2 and 4 Ms.Vasudha Thiagarajan, AGP for RR1 and 3 - - - -
ORDER
(Order of the Court was made by T.S.Sivagnanam, J. ) The petitioner has filed this writ petition designed as a Public Interest Litigation with a prayer to direct the second respondent to take appropriate action on the representation dated 31.5.2017, in which the petitioner has sought for closing down a TASMAC liquor retail vending shop bearing No.2004. The petitioner would state that it is situated within 270 meters from the National Highway and also within the prohibited distance of places of worship, schools, etc. It is submitted that in spite of the representation being given to the authorities, which has also been signed by other residents in the locality, no action has been initiated. Learned counsel for the respondent TASMAC submits that there is no violation of distance rule and the representation having been given to the District Collector, it would be appropriate for the Collector to take a decision in the matter as he is the competent authority in terms of rule to approve the location of the shop.
To be noted, the representation as found at pages 2 and 3 of the typed set of papers of the writ petition is dated 30.05.2017, but in the prayer in the writ petition, date of representation has been mentioned as 31.05.2017. Therefore, without going into the merits of the petitioner's contentions, there shall be a direction to the third respondent District Collector to consider the representation of the petitioner dated 30.5.2017 (found at pages 2 and 3 of writ petitioner's typed set of papers) and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of four
weeks from the date of receipt of copy of this order. This writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vvk To 1.The Chief Secretary, Government of Tamil Nadu, Fort St. George, Secretariat, Chennai-600 009.
2.The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), CMDA Tower-II, Gandhi Irwin Road, Egmore, Chennai-600 008.
3.The District Collector, Tirupur District, Tirupur.
4.The District Manager, The Tamil Nadu State Marketing Corporation (TASMAC), District Collector Office, Tirupur District.
+1 cc to M/s.Selvi Advocate sr 57029 +1 cc to Government Pleader sr 56403 W.P.No.19791 of 2017 mg(co) aa29/08/2017