Jainul Abudeen v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.11.2024 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.No.35985 of 2024 Jainul Abudeen ... Petitioner -vs1. The Managing Director, TASMAC, CMDA Tower, Gandhi Irwin Street, Egmore, Chennai-8.
2. The District Collector, The Nilgiris District at Ooty.
3. The Revenue Divisional Officer, Ooty, The Nilgiris District.
4. The Senior Regional Manager, TASMAC, Vilankurichi Road, Peelamedu Railway Station Backside, Chinthamani Cooperative Depot, Peelamedu, Coimbatore 625 020.
5. The District Manager, TASMAC, Ooty, The Nilgiris District.
6. The Assistant Commissioner, Edcise and Prohibition Department, Collectorate, Ooty, The Nilgiris District.
7. The Tahsildar, Ooty Taluk, Ooty, The Nilgiris District.
8. The Manager, TASMAC, Edappalli, Coonoor, The Nilgiris District.
... Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents from opening any TASMAC shop in and around Masinangudi area, Elephant Corridors, Tiger Reserve Forest Area including the Tamil Nadu Private Forest coverred under the provisions of the Tamil Nadu Private Forest Protection Act, 1949, in the Nilgiris District. For Petitioner :
Mr.C.Prakasam For Respondents :
Ms.V.S.Saranya Stdg. Counsel for RR 1, 4 to 6 & 8 :
Mr.A.Edwin Prabakar
State Govt. Pleader, Assisted by Mr.M.Mohammed Rahman, Govt. Advocate, for RR 2, 3 and 7 * * * * *
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Ms.Saranya appearing for respondents 1, 4 to 6 and 8 says that there is no proposal to open TASMAC shop in elephant corridor. Ms.Saranya, however, candidly states that the TASMAC is proposing to open a retail outlet in Masinangudi area and are in the process of searching for a suitable location. Ms.Saranya states that all rules and regulations will be followed including obtaining approval from the Collector before a retail outlet is opened.
2. The Collector is respondent No.2 in this petition. The Collector will consider the averments in the petition together with documents annexed thereto before granting an approval. It is also open to the
Collector to call petitioner or other villagers for their comments before he decides to grant approval.
Writ petition is disposed of. There shall be no order as to costs. Consequently, the interim application is closed. (K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 14.11.2024 Index :
Yes/No NC :
Yes/No sra To:
1. The Managing Director, TASMAC, CMDA Tower, Gandhi Irwin Street, Egmore, Chennai-8.
2. The District Collector, The Nilgiris District at Ooty.
3. The Revenue Divisional Officer, Ooty, The Nilgiris District.
4. The Senior Regional Manager, TASMAC, Vilankurichi Road, Peelamedu Railway Station Backside,
Chinthamani Cooperative Depot, Peelamedu, Coimbatore 625 020.
5. The District Manager, TASMAC, Ooty, The Nilgiris District.
6. The Assistant Commissioner, Edcise and Prohibition Department, Collectorate, Ooty, The Nilgiris District.
7. The Tahsildar, Ooty Taluk, Ooty, The Nilgiris District.
8. The Manager, TASMAC, Edappalli, Coonoor, The Nilgiris District.
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY ,J.
(sra) 14.11.2024