S.Pavithran v. The State Of Tamil Nadu Rep By Its Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.5977 of 2025 S.Pavithran ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by its Secretary, Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
2.Principal Secretary to Government, Environment, Climate Change & Forest Department & Chairman, TANTEA, Secretariat, Fort St.George, Chennai - 600 009.
3.The District Collector, Vellore District, Vellore.
4.The Commissioner, Vellore City Municipal Corporation, Vellore - 632 001.
5.The Tamil Nadu ea Plantation Corporation Limited (A Govt. of Tamil Nadu Undertaking), Page No.1 of 7
Rep. by its Managing Director, Registered office at TANTEA Complex, Coonoor - 643 101.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the third and fourth respondent to allot and hand over the possession of shop No.73 to the petitioner at new bus stand at Vellore as per the notification issued by the fourth respondent vide Na.Ka.No.A1/1727/2022-M4 dated 23.01.2023. For Petitioner :
Mr.T.John Alexander For Respondents 1 to 3 & 5 : Mr.S.Rajesh, Government Advocate For Respondent 4 : Mr.P.S.Prabhu
O R D E R
This writ petition has been filed by the petitioner to direct the third and fourth respondent to allot and hand over the possession of shop No.73 to the petitioner at new bus stand at Vellore as per the notification issued by the fourth respondent vide Na.Ka.No.A1/1727/2022-M4 dated 23.01.2023.
2. Learned counsel for the petitioner would submit that the fifth respondent proposed to set up a TANTEA sales bunk at the old bus stand in Vellore and invited applications for dealership and shop allotment in 2018. Page No.2 of 7
The petitioner applied on 15.01.2019, paying Rs. 15,050/- for purchasing TANTEA products. A dealership agreement was executed, and the petitioner awaited for shop allotment. On 28.02.2019, the 5th respondent requested the 3rd respondent to allocate an 8x8 space at the Vellore New Bus Stand, stating that sales could not commence without permission and a formal agreement. The petitioner was later informed that the old bus stand would be demolished and replaced with a new one, delaying the process for nearly three years. After the new bus stand opened on 29.06.2022 with 72 shops, including one designated for TANTEA, the petitioner repeatedly approached the 5th respondent but received no response. Despite purchasing a large stock of products in anticipation of allotment, the petitioner suffered financial losses due to the delay. Multiple representations were sent to various authorities, including the Chief Minister's grievance redressal cell, but no action was taken.
3. Learned counsel for the petitioner would further submit that on 23.01.2023, the fourth respondent issued a notification allotting Shop No.73 to TANTEA Corporation, yet the petitioner was not given possession. After Page No.3 of 7
continued follow-ups, the fifth respondent demanded a fresh dealership agreement. Left with no choice, the petitioner paid Rs.5,959/- for the new agreement and Rs.20,000/- for additional products, executing a fresh agreement on 20.08.2024. Despite fulfilling all conditions, the shop remains unallotted, causing severe financial distress. Hence, he sent a representation dated 30.09.2024 to the respondents, but the same was not considered till date. Hence, the petitioner has come forward with the present writ petition.
4. Though many grounds have been raised in this writ petition, learned counsel for the petitioner would submit that it would suffice if this Court issues direction to the fourth respondent to consider the petitioner's representation dated 30.09.2024, within a time frame to be fixed by this Court.
5. Learned standing counsel appearing for the fourth respondent has no objection for the said order being passed by this Court.
6. Heard the learned counsel on either side and perused the materials Page No.4 of 7
available on record.
7. In view of the submission made by the learned counsel on either side, this Court without going into the merits of the case directs the fourth respondent to consider the petitioner's representation dated 30.09.2024, after giving due notice to the petitioner, affording an opportunity of personal hearing, considering the documents filed by the petitioner on merits, in accordance with law and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of the order.
8. This writ petition is disposed of with the aforesaid observation and direction. No costs.
24.03.2025 (vm) Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
Page No.5 of 7
1.The Secretary The State of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.
2.Principal Secretary to Government, Environment, Climate Change & Forest Department & Chairman, TANTEA, Secretariat, Fort St.George, Chennai - 600 009.
J.SATHYA NARAYANA PRASAD,J.
vm 3.The District Collector, Vellore District, Vellore.
4.The Commissioner, Vellore City Municipal Corporation, Vellore - 632 001.
5.The Tamil Nadu ea Plantation Corporation Limited (A Govt. of Tamil Nadu Undertaking), Rep. by its Managing Director, Registered office at TANTEA Complex, Coonoor - 643 101.
Page No.6 of 7
24.03.2025 Page No.7 of 7