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Madras High CourtWP/18251/2020disposed of

S.Jayabalan v. The Tamilnadu

2021-03-26Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.Nos.18251 and 18740 of 2020 W.P.No.18251 of 2020:

S.Jayabalan .. Petitioner Vs

1. The Tamil Nadu State Marketing Corporation Ltd (TASMAC), rep. by its Managing Director Thalamuthu Natarajan Maaligai Gandhi Irwin Road, Egmore Chennai - 600 008.

2. The District Collector Coimbatore District Coimbatore.

3. The Tamil Nadu State Marketing Corporation Ltd (TASMAC), rep. by its Senior Regional Manager Coimbatore District, Coimbatore.

4. The Tamil Nadu State Marketing Corporation Ltd (TASMAC), rep. by its District Manager Coimbatore District, Coimbatore.

.. Respondents W.P.No.18740 of 2020:

K.Saravanan .. Petitioner Vs.

1. The District Collector Coimbatore District Coimbatore.

2. The District Manager Tamilnadu State Marketing Corporation Coimbatore North Coimbatore District.

3. S.Jayabalan .. Respondents Prayer in W.P.No.18251 of 2020: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct respondents 1, 3 and 4 to implement the order passed by the second respondent dated 25.9.2020 by removing the TASMAC wine shop No.1505 located in S.F.No.154/1 at Door No.2/222 and 2/223, Ayima Puthur Village, Odderpalayam Post, Annur, Coimbatore District or seal the premises forthwith. Prayer in W.P.No.18740 of 2020: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for the records relating to the impugned communication dated 2.11.2020 passed in Na.Ka.No.729/2020/Kou.1, on the file of the first respondent herein addressed to the second respondent herein, and quash the same. For Petitioner in WP.

18251/2020 and 3rd respondent in WP.18740/2020 : Mr.A.S.Balaji For Petitioner in WP.18740/2020 : Mr.K.Govi Ganesan For Respondents : Mr.Sathish Kumar Standing Counsel for respondents 1, 3 and 4 in W.P.No.18251 of 2020 and 2nd respondent in W.P.No.18740 of 2020 Ms.R.J.Radhika Government Advocate for 2nd respondent in W.P.No.18251 of 2020 and 1st respondent in W.P.No.18740 of 2020 COMMON ORDER (Order of the Court was made by SENTHILKUMAR RAMAMOORTHY,J.) These two writ petitions relate to a particular Tasmac shop bearing No.1505 and located in Survey No.154/1 at Ayima Puthur Village, Odderpalayam Post, Annur, Coimbatore District.

2. W.P.No.18251 of 2020 was filed to remove the Tasmac shop. Pursuant to the filing of the said writ petition, it appears that the District Collector by a communication of 2.11.2020 directed the closure of the Tasmac shop. The said communication is challenged by the owner of the Tasmac shop in W.P.No.18740 of 2020.

3. The admitted position is that the communication of 2.11.2020 was issued without hearing the owner of the Tasmac shop. Therefore, there is merit in the contention of the petitioner in W.P.No.18740 of 2020 that the principles of natural justice were not complied with before issuing the impugned communication of 2.11.2020.

Accordingly, the communication dated 2.11.2020 is quashed. Consequently, the District Collector, Coimbatore District, Coimbatore is directed to reconsider the matter. For this purpose, the shop owner is permitted to submit a fresh representation to the District Collector seeking permission to open the Tasmac shop. Such representation shall be submitted within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the District Collector is directed to decide such representation by a reasoned order after providing a reasonable opportunity to all parties, including the petitioner in W.P.No.18251 of 2020 and the petitioner in W.P.No.18740 of 2020.

Such reasoned order shall be passed within a period of six weeks from the date of receipt of such representation and till a final decision is taken by the District Collector, the concerned shop will not be opened. It is made clear that the merits of the matter has not been examined and it is open to all parties concerned to raise all contentions and submit necessary supporting material before the District Collector. W.P.Nos.18251 and 18740 of 2020 are disposed of in the above terms. No costs. Consequently, W.M.P.Nos.23275 and 23276 of 2020 are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

sasi To:

1. The Managing Director Tamil Nadu State Marketing Corporation Ltd.

(TASMAC), Thalamuthu Natarajan Maaligai Gandhi Irwin Road, Egmore Chennai - 600 008.

2. The District Collector Coimbatore District Coimbatore.

3. The Senior Regional Manager Tamil Nadu State Marketing Corporation Ltd.

(TASMAC), Coimbatore District, Coimbatore.

4. The District Manager Tamil Nadu State Marketing Corporation Ltd.

(TASMAC), Coimbatore District, Coimbatore.

+1 cc to M/s.K.Govi Ganesan, Advocate Sr.No. 20073 +1 cc to The Government Pleader Sr.No. 20200 W.P.Nos.18251 and 18740 of 2020 GSM(CO) RMP(17/04/2021)