S.Sasikumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM W.P.No.15175 of 2018 and W.M.P.No.18023 of 2018 S.Sasikumar S/o.Seetharaman ... Petitioner Vs.

1.The District Collector, Thiruvallur District, Thiruvallur - 602001.

2.The District Manager, TASMAC, Thirumazhisai, Thiruvallur East - 600123.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to relocate the TASMAC Shop No.8929 at the relocated premises at Flat No.386, 239 and 388, Radhakrishnan Avenue, Sarathy Nagar, Bangarupettai, Thiruvallur, instead of Kanniamman Koil Street.

For Petitioner :

Mr.A.Manojkumar For Respondents :

Mr.R.P.Prathap Singh Government Advocate [R1] Mr.Arumugha Rajan [R2]

O R D E R

Heard Mr.A.Manojkumar, learned counsel for the petitioner, Mr.R.P.Prathap Singh, learned Government Advocate for the first respondent and Arumgha Rajan, learned counsel for the second respondent.

2. The petitioner seeks for the following direction: 'a Writ of Mandamus directing the respondents to relocate the TASMAC Shop No.8929 at the relocated premises at Flat No.386, 239 and 388, Radhakrishnan https://hcservices.ecourts.gov.in/hcservices/

Avenue, Sarathy Nagar, Bangarupettai, Thiruvallur, instead of Kanniamman Koil Street.'

3. Admittedly, there is no vested right for the petitioner to seek for a positive direction from this Court in the manner as couched in the Writ prayer. However, it is open to the petitioner to pursue his representation dated 13.06.2018, which shall be considered in accordance with law by the second respondent within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that it is open to the second respondent to take a decision based on commercial consideration and this Court cannot issue any positive direction.

The Writ Petition is disposed of with the above direction. No costs. Connected miscellaneous petition is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To The District Collector, Thiruvallur District, Thiruvallur - 602001.

+1cc to Mr.A.Manoj Kumar, Advocate, S.R.No.53387 +1cc to Mr.S.Kannathasan, Advocate, S.R.No.53744 W.P.No.15175 of 2018 GSP(27/08/2018) https://hcservices.ecourts.gov.in/hcservices/