V.Suryamoorthy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR W.P.No.21861 of 2021 and W.M.P.No.23046 of 2021 V.Suryamoorthy S/o.Vairakannu .
...Petitioner
-Vs.-
1. The District Collector Collectorate Tiruvarur.
2. The District Manager TASMAC Tiruvarur and Post Tiruvarur District.
3. The Excise Officer Taluk Office Mannargudi Tiruvarur District.
4. The Inspector of Police Prohibition Enforcement Wing Muthupettai Road Thiruthuraipoondi and Post Tiruvarur District.
5. A.Maria Thiraniyan, S/o.Arulappan.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 4 as not to shift the existing TASMAC shop situated at Thanikottam Village or open any new TASMAC outlet in the building and premises belonging to the 5th respondent. For Petitioner : Mr.K.M.Subrahmaniam For Respondents : Mr.NRR.Arun Natarajan Government Advocate
O R D E R
In the Admission Board, Mr.K.M.Subrahmaniam, learned counsel for writ petitioner submits that notwithstanding the expansive prayer in the writ petition, he abridges/restricts the prayer for the present in the captioned writ petition, preserving his rights for post disposal (of representation) proceedings if any. It is learned counsel's say that it will suffice, if there is a simple mandamus/directive to the first respondent to dispose of his representation dated 15.09.2021 (at Page Nos.17 and 18 of typed set of papers), a scanned reproduction of which is as follows:
2. Mr.NRR.Arun Natarajan, learned State counsel accepts notice on behalf of the respondents 1 to 4. To be noted, the 5th respondent is a private respondent.
3. In the light of the simple Mandamus prayer, this Court is of the view that the captioned main writ petition can be disposed of by making an order which is not adverse to 5th respondent and which also protects the interest of 5th respondent. To be noted, there will be a safety valve in this regard in the directive portion.
4. Captioned Writ Petition is disposed of with a simple directive to first respondent to dispose of writ petitioner's representation dated 15.09.2021 on its own merits and in accordance with law, after giving an opportunity to 5th respondent to show cause and call for objections, if any from 5th respondent. To be noted, this is the safety valve referred to supra. Such disposal shall be done as expeditiously as possible and in any event, within eight weeks from today i.e., on or before 21.12.2021. A copy of the disposal shall be served
on the writ petitioner and 5th respondent under due acknowledgment within five working days from the date of disposal.
5. Though obvious, it is made clear that this Court has not expressed any view or opinion on merits of the matter. Consequently, connected miscellaneous petition is also disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar(CS II) /True Copy// Sub Assistant Registrar mk/nsa To
1. The District Collector Collectorate Tiruvarur.
2. The District Manager TASMAC Tiruvarur and Post Tiruvarur District.
3. The Excise Officer Taluk Office Mannargudi Tiruvarur District.
4. The Inspector of Police Prohibition Enforcement Wing Muthupettai Road Thiruthuraipoondi and Post Tiruvarur District.
+1 cc to the Government Pleader,Sr.53232 W.P.No.21861 of 2021 and W.M.P.No.23046 of 2021 PMK[co] NSK 22/10/2021