S.Jayagopi v. The Collector, Cuddalore District
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2025 CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.
36546 of 2023 and W.M.P.Nos.36543 & 36545 of 2023 S.Jayagopi ... Petitioner Vs.
1.The Collector, Cuddalore District, Cuddalore - 607 001.
2.The District Supply Officer and Consumers' Welfare Officer, Collector's Office, Cuddalore - 607 001.
3.The Project Director, (Mahalir Thittam) Cuddalore - 607 001.
4.Murugan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorari to call for the records and quash the impugned proceeding of the 2 nd respondent in Na.Ka.K3/25678/2021 dated 07.11.2023.
For Petitioner :
Mr.D.Baskar For R1 to R3 :
Mr.Yogesh Kannadasan Special Government Pleader For R4 :
Mr.C.B.Vishnudasan
O R D E R
Challenging the communication of the 2 nd respondent sent to the 3 rd respondent, dated 07.11.2023, requesting the 3 rd respondent to send his recommendation with regard to transfer of the Fair Price Shop run by the petitioner in the name of "Desiya Paravai Women Self Help Group" to some other Women Self Help Group, the present writ petition has been filed.
2.It is the case of the petitioner that she was permitted to run a Fair Price Shop in the year 1995 in her private property. Thereafter, it was shifted to a Government building. Later, in the year 2021, the then State Government advised the petitioner to form a Women Self Help Group and run the Fair Price Shop through it. Since it was a policy decision of the Government, the petitioner formed a Women Self Help Group in the name of "Desiya Paravai" and she has been running the Fair Price Shop and remitting the money in the name of the Self Help Group. Now, based on the complaint made by the 4 th respondent alleging various irregularities against the petitioner's Fair Price Shop, the impugned communication came to be passed on 07.11.2023 seeking report from the 3 rd respondent to transfer the Fair Price Shop run by the petitioner to some other Women Self Help Group. Challenging the same, the present writ petition has been filed. 3.A counter affidavit has been filed by the 2 nd respondent and 4 th respondent to the effect that, on enquiry, it was found that the petitioner's
Fair Price Shop has not extended the Government Schemes to some of the parties and there are many irregularities found in the petitioner's Fair Price Shop like shortage of commodities and delayed opening of the Shop, etc. Therefore, the 2 nd respondent has sent a detailed enquiry report to the 1 st respondent, who is the competent authority to decide as to whether the Shop can be transferred to some other Self Help Group or any other Cooperative Society.
4.I have perused the entire materials available on record. 5.What is challenged in this writ petition is only the communication sent by the 2 nd respondent to the 3 rd respondent/Project Director (Mahalir Thittam) to send his recommendations with regard to transfer of the Fair Price Shop run by the petitioner to some other Women Self Help Group of that area. Now, from the counter affidavit filed by the 2 nd respondent, it is clear that the report of the 2 nd respondent, after conducting detailed enquiry
and receiving the explanation of the petitioner, has already been sent to the st respondent/District Collector. It is the 1 st respondent/District Collector, who is the authority to decide whether the Fair Price Shop, which was hitherto run by the petitioner, can be allotted to some other Women Self Help Group or any Cooperative Society. Now, what is challenged before this Court is only an internal communication seeking recommendations from the 3 rd respondent. I am of the view that such internal communication cannot be a subject matter of a writ petition, particularly, when no order whatsoever, passed as against the petitioner as of now. Hence, I do not find any merit in this writ petition. Accordingly, this writ petition is dismissed. 6.
It is for the 1 st respondent to take a decision by taking into consideration that the petitioner has been running the Fair Price Shop for many years.
to any Cooperative Society, so that there may not be any issue in future. No costs. Consequently, connected miscellaneous petitions are closed. 01.12.2025 mkn Internet : Yes Index : Yes / No Speaking order : Yes / No To 1.The Collector, Cuddalore District, Cuddalore - 607 001.
2.The District Supply Officer and Consumers' Welfare Officer, Collector's Office, Cuddalore - 607 001.
3.The Project Director, (Mahalir Thittam) Cuddalore - 607 001.
N. SATHISH KUMAR, J.
mkn W.P.No.
36546 of 2023
01.12.2025