R.Sathish Kumar v. The District Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2024
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Sathish Kumar ... Petitioner Vs.
1.The District Manager, TASMAC, No.1, Bangalore High Way Road, Thirumazhisai, Thiruvallur East, Chennai.
2.The Managing Director, TASMAC, 4th Floor, Thalamuthu Natarajar Maligai, Egmore, Chennai-600 008.
3.Senior Regional Manager, TASMAC, Ambathur Industrial Estate, Chennai -600 058.
4.The District Collector, Chennai District, Singaravelar Maligai, 4th Floor, Rajaji Salai, Chennai- 600 001. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the respondents their men and people, subordinates, or any others claiming through them from in any manner 1/5
locating, or functioning any TASMAC retail vending shop in and around Old Door No.1/118, New Door No.1/97, Poonamallee High Road, Nerkundram, Chennai-600 107 within the Thiruvallur East District and pass orders. For Petitioner : Mr.S.Balasubramanian for Mr.P.Singaram For Respondents : Mr.K.Balakrishnan Standing Counsel for TASMAC for respondents 1 to 3 Mr.P.Balathandayutham Special Government Pleader for fourth respondent
ORDER
The present Writ Petition is filed for a Mandamus, forbearing their men and people, subordinates, or any others claiming through them from in any manner locating, or functioning any TASMAC retail vending shop in and around Old Door No.1/118, New Door No.1/97, Poonamallee High Road, Nerkundram, Chennai-600 107 within the Thiruvallur East District.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2/5
3. It is submitted by the learned counsel for the petitioner that the petitioner had filed a representation dated 27.09.2024, wherein it is inter alia stated that the proposed TASMAC shop may be hit by the distance restrictions in terms of Section 8 of the Act.
4. Learned Standing Counsel for the respondents 1 to 3 would submit that the representation of the petitioner dated 27.09.2024, would be considered and orders would be passed in accordance with law, after hearing the petitioner and any other interested parties/stakeholders.
5. Recording the submission made by the learned Standing Counsel for respondents 1 to 3, there shall be a direction to the Respondents to consider the representation 27.09.2024 of the petitioner, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.
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6. With the above directions, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.37904 of 2024 is closed. 27.11.2024 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:
1.The District Manager, TASMAC, No.1, Bangalore High Way Road, Thirumazhisai, Thiruvallur East, Chennai.
2.The Managing Director, TASMAC, 4th Floor, Thalamuthu Natarajar Maligai, Egmore, Chennai-600 008.
3.Senior Regional Manager, TASMAC, Ambathur Industrial Estate, Chennai -600 058.
4.The District Collector, Chennai District, Singaravelar Maligai, 4th Floor, Rajaji Salai, Chennai- 600 001.
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MOHAMMED SHAFFIQ, J.
mrn 27.11.2024 5/5