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Madras High CourtWP/33088/2023disposed of

D.Kuppuraj v. The District Collector

2023-11-23Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY D.Kuppuraj ..

Petitioner Vs.

1. The District Collector Coimbatore District, Coimbatore.

2. The Superintendent of Police Coimbatore District, Coimbatore.

3. The Revenue Tahsildar Revenue Tahsildar Office Mettupalayam Taluk Coimbatore District.

4. The Block Development Officer Block Development Office Mettupalayam Taluk Coimbatore District.

5. The Inspector of Police Sirumugai Police Station Coimbatore - 641 302.

6. K Pradeep ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 5 herein to remove the unauthorized construction (TASMAC) situated in survey No.752/2C at Rithanya Garden, Ballaepalayam Village, based on the representation dated 21.08.2023 given by the petitioner. For the Petitioner : Mr.K.Gangadaran For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.K.Gangadaran, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 5.

2.1. The petitioner is objecting to the opening of a TASMAC shop in the subject writ property. It is submitted by learned counsel for the petitioner that licence is not yet granted in favour of the sixth respondent for running the TASMAC shop.

2.2. In that event, the petition would be premature.

3. The petitioner may raise objections before the authority, as may be permissible under law. Naturally, the authority would consider all the relevant aspects of the matter while granting licence.

4. In the light of that, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 23.11.2023 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Coimbatore District, Coimbatore.

2. The Superintendent of Police Coimbatore District, Coimbatore.

3. The Revenue Tahsildar Revenue Tahsildar Office, Mettupalayam Taluk Coimbatore District.

4. The Block Development Officer Block Development Office, Mettupalayam Taluk Coimbatore District.

5. The Inspector of Police Sirumugai Police Station Coimbatore - 641 302.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 23.11.2023