Chithra v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 19.10.2023
CORAM
THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY and W.M.P.No.30087 of 2023 Chithra ... Petitioner Vs.
1.The District Collector, Tiruppur.
2.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), CMDA Tower - II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.
3.The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tamil Nadu Ware Housing Corporation, Angeripalayam, Tirupur - 641 602.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, seeking to direct the respondents not to shift/relocate the TASMAC Shop No.1939 from the petitioners 1/6
building bearing SF.No.515, Ward 19, T.N.K Puram, Kongu Main Taluk, Tirupur District by considering the petitioner representation dated 03.10.2023.
For Petitioner : Mr.C.Kulanthaivel For R1 : Mr.S.Ravikumar Special Government Pleader For R2 & R3 : Mr.M.Sekar Standing Counsel
ORDER
Mr.S.Ravikumar, learned Special Government Pleader takes notice for the 1st respondent. Mr.M.Sekar, learned Standing Counsel takes notice for the respondents 2 and 3. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2.This writ petition has been filed by the petitioner seeking to direct the respondents not to shift/relocate the TASMAC Shop No.1939 from the petitioners building bearing SF.No.515, Ward 19, T.N.K 2/6
Puram, Kongu Main Taluk, Tirupur District by considering the petitioner representation dated 03.10.2023.
3.Learned counsel for the petitioner submitted that the petitioner leased out his property to TASMAC Shop No.1939 in the year 2004 and every year the lease period has been renewed. While so, at the instigation of someone, the respondents intended to shift the said TASMAC shop from the petitioner's property to some other place. Since the petitioner has invested huge money for the construction of shop and provision of bar, if the shop and bar is shifted from the petitioner's property, she will be put to a great loss. Therefore, the petitioner made a representation to the 3rd respondent on 13.09.2023 and to the 2nd respondent on 03.10.2023 in this regard and the same has not been considered. Hence, the present writ petition has been filed.
4.Mr.Sekar, learned Standing Counsel appearing for the respondents 2 and 3 submitted that the petitioner's representations dated 13.09.2023 and 03.10.2023 will be considered in accordance with law. 3/6
5.Considering the submissions made by the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondents 2 and 3, the respondents 2 and 3 are directed to consider the representations dated 13.09.2023 and 03.10.2023 made by the petitioner, on merits and in accordance with law and dispose of the same within a period of six weeks from the date of receipt of copy of this order, without being influenced by any of the observation made by this Court. 6.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 19.10.2023 Speaking/Non-speaking order Index : Yes / No rst 4/6
To:
1.The District Collector, Tiruppur.
2.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), CMDA Tower - II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, chennai - 600 008.
3.The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tamil Nadu Ware Housing Corporation, Angeripalayam, Tirupur - 641 602.
5/6
KRISHNAN RAMASAMY.J., rst and W.M.P.No.30087 of 2023 19.10.2023 6/6