M.Yuvaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 18.10.2024

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY M.Yuvaraj ... Petitioner Vs.

1.The District Collector, Chengalpet District, Chengalpet.

2.The Managing Director, Tamil Nadu State Marketing Corporation, 4th Floor, CMDA Tower II, Egmore, Chennai 600 008.

3.The District Manager, Tamil Nadu State Marketing Corporation, Kanchipuram South, Kanchipuram District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 2 and 3 1/6

to shift the shop No.4106 to the petition premises bearing Door No.3, Kilambakkam Village, Kanchipuram District by disposal of petitioner's representation dated 12.12.2023.

For Petitioner : Mr.B.Nedunchezhiyan For Respondent : Mr.P.Balathandayutham, Special Government Pleader for R1 Mr.K.Balakrishnan, Standing counsel, for R2 and R3

ORDER

This writ petition has been filed to direct the respondents to shift the shop No.4106 to the petition premises.

2. Mr.P.Balathandayutham, learned Special Government Pleader takes notice on behalf of the 1st respondent and Mr.K.Balakrishnan, learned Standing counsel takes notice on behalf of the respondents 2 and

3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself.

2/6

3. The learned counsel for the petitioner would submit that initially, the petitioner filed a representation dated 12.12.2023 before the 3rd respondent to shift the shop No.4106 to the petitioner's premises. The said representation was considered and disposed of by the 1st respondent vide order dated 20.08.2024. However, the shop was not yet shifted till date. Hence, this petition has been filed.

4. In reply, the learned Special Government Pleader and the learned Standing counsel appearing for the respondents had confirmed the above submission and would request this Court to pass appropriate orders directing the petitioner to file a representation before the 3rd respondent with regard to the shifting of shop to the petitioner's premises.

5. Heard the learned counsel for the petitioner and the learned Special Government Pleader and the learned Standing counsel appearing for the respondents and also perused the materials available on record. 3/6

6. In the case on hand, it is clear that the petitioner's representation dated 12.12.2023 was duly considered and disposed of vide order dated 20.08.2024, whereby the 1st respondent had allowed to shift and open the shop at the petitioner's premises. However, it was contended by the petitioner that the shop was not yet shifted till date.

7. In view of the above, this Court directs the petitioner to address their grievance, if any, before the 3rd respondent by way of representation. Upon receipt of such representation, the 3rd respondent is directed to consider and dispose of the same on its own merits and in accordance with law within a period of 4 weeks therefrom.

8. With the above directions, this writ petition is disposed of. No costs.

18.10.2024 Speaking/Non-speaking order Index : Yes / No nsa 4/6

To 1.The District Collector, Chengalpet District, Chengalpet.

2.The Managing Director, Tamil Nadu State Marketing Corporation, 4th Floor, CMDA Tower II, Egmore, Chennai 600 008.

3.The District Manager, Tamil Nadu State Marketing Corporation, Kanchipuram South, Kanchipuram District.

5/6

KRISHNAN RAMASAMY.J., nsa 18.10.2024 6/6