Raghavan v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.

34041 of 2023 Raghavan ... Petitioner Vs.

1.The Government of Tamil Nadu, Represented by its Commissioner/ Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Chairman cum Managing Director, Tamil Nadu State Marketing, Corporation Limited (TASMAC), IV, Floor, C.M.D.A. Building, Tower-II, Egmore, Chennai - 600 008.

3.The District Collector, Office of District Collectorate, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.

4.The District Manager, Tamil Nadu State Marketing, Corporation Limited (TASMAC), Kancheepuram (North District), Kancheepuram.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents particularly the District Collector, Office of the District Collector, Singaravelar Maligai, Chennai - 600 001. The District Manager (TASMAC) Kancheepuram (North) Kancheepuram the 3rd and 4th respondents herein to shift the TASMAC Shop No.4082 from Moovarasanpettai Village, Alandur Taluk and open the same in the petitioner property in survey No.84, Door No.2/98 East Coast Road, Naidu Garden, Palavakkam, Sholinganallur Taluk, Chennai - 600 041 based on the representation dated 20.11.2023 forward to the 3rd and 4th respondents forthwith.

For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.S.Ravikumar Special Government Pleader [for R1 & R3] : Mr.K.Balakrishnan Standing Counsel [for R2 & R4]

ORDER

This Writ Petition has been filed seeking a direction to 3rd and 4th respondents to shift the TASMAC shop, bearing no.4082 from Moovarasanpettai Village, Alandur Taluk to the place of petitioner's property comprised in Survey No.84, Door No.2/98, East Coast Road, Naidu Garden, Palavakkam, Sholinganallur Taluk, Chennai-600 041, based on the representation of the petitioner dated 20.11.2023.

2.

Mr.B.Sundarapandiyan, learned counsel for the petitioner would submit that the petitioner's property was identified for shifting of a TASMAC shop and a proposal was also sent to the District Collector, Chennai, viz., the third respondent, vide a letter dated 31.08.2023 to shift the TASMAC shop no.4082 to the place of petitioner's property. 2.1 Further, the learned counsel submitted that the petitioner has also made arrangements to accommodate the TASMAC shop along with the bar in his property and also invested a huge sum of money. Since, the process of shifting the TASMAC shop has been delayed, the petitioner has given a representation vide a letter dated 20.11.2023 seeking for shiftting the TASMAC shop at his property. However, the said representation evoked no response. Hence, the learned counsel prayed for appropriate direction to dispose of the said representation.

3.

Mr.S.Ravikumar, learned Special Government Pleader, who takes notice for the 1st and the 3rd respondent and Mr.K.Balakrishnan, learned Standing Counsel, who takes notice for the 2nd and 4th respondent would submit that the representation made by the petitioner has already been

considered and the respondents are in the process of shifting the TASMAC shop to the petitioner's property. Therefore, it is submitted that appropriate orders will be passed to that effect as early as possible. 4.

Heard both sides and also perused the materials available on record.

5.

In view of the above submission, this Court is inclined to direct the 3rd and 4th respondents to consider the petitioner's representation dated 20.11.2023 and pass appropriate orders within a period of four (4) weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition stands disposed of. No costs. 11.12.2023 veda Internet:Yes Index : Yes / No Speaking order/Non-Speaking order

To 1.The Government of Tamil Nadu, Represented by its Commissioner/ Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2.The Chairman cum Managing Director, Tamil Nadu State Marketing, Corporation Limited (TASMAC), IV, Floor, C.M.D.A. Building, Tower-II, Egmore, Chennai - 600 008.

3.The District Collector, Office of District Collectorate, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.

4.The District Manager, Tamil Nadu State Marketing, Corporation Limited (TASMAC), Kancheepuram (North District), Kancheepuram.

KRISHNAN RAMASAMY, J.

veda W.P.No .34041 of 2023 11.12.2023