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Madras High CourtWMP/49630/2025ordered

The District Manager v. K Balamurugan

2025-11-18Honourable Mr Justice Krishnan Ramasamy10 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-11-2025

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY in WP No. 1803 OF 2024 The District Manager Tamil Nadu State Marketing Corporation Limited., (TASMAC), Kancheepuram (North), Thirumazhisai Unit-3, Chembarambakkam, Chennai-123.

Petitioner Vs K .Balamurugan 2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), No.LLA Building, 4th Floor, Anna Salai, Chennai- 600 002.

3.The Managing Director Tamil Nadu State Marketing Corporation Limited (TASMAC), Thalamuthu Natarajan Building, Gandhi Irwin Road,

Egmore, Chennai- 600 008.

4.The District Collector Kancheepuram District.

Respondents PRAYER This Petition has been filed to modify the order passed in WP.No. 1803 of 2024 on 11.06.2025.

For Petitioner:

For Respondents:

Mr.K.Balakrishnan Mr.G.Saravanabhavan (R1)

ORDER

This Miscellaneous Petition has been filed to modify the order passed in W.P.No.1803 of 2024 dated 11.06.2025.

2. The learned Standing Counsel appearing for the petitioner would submit that initially W.P.No.1803 of 2024 has been filed by the 1 st respondent/the Writ Petitioner not to shift the TASMAC shop No.4802 to any other place. But, the aforesaid shop was already shifted to Door No.155/97,

Ambal Nagar, Keezkattalai, Chennai- 600 117, based on the proceedings of the District Collector dated 19.02.2024. When the said Writ Petition was taken up for hearing on 11.06.2025, both the learned counsel appearing for the TASMAC as well as the learned Government Advocate appearing for the 4 th respondent based on the miscommunication from the concerned authorities that the TASMAC Shop No.4082 has been continuing in its original place of business, have made a submission before this Court that the respondents in the writ petition have no idea to shift the TASMAC shop to any other place. Recording the said submission, the Writ Petition was closed on 11.06.2025.

Alleging the misrepresentation made by the learned counsel appearing for the TASMAC as well as the learned Government Advocate appearing for the 4 th respondent in the writ petition, the 1 st respondent/writ petitioner filed contempt petition against the petitioner and the respondents 2 to 4. Therefore, the petitioner has filed this Miscellaneous Petition to modify the order passed in the writ petition. 2.1. Further, he would submit that unless the order passed by this court dated 11.06.2025 in W.P.No.

to face the contempt proceedings and that apart no prejudice will be caused to the 1 st respondent/petitioner in modifying the aforesaid order.

3. The learned standing counsel appearing for the 1 st respondent/writ petitioner would submit that without issuing any notice to the petitioner, the official respondents have shifted the TASMAC Shop No.4082 and therefore the petitioner is put to heavy financial loss due to shifting of the aforesaid shop. He therefore requests this Court to direct the respondents to allot the place for running the TASMAC Shop No.4082 in the nearby area, where the shop was functioning earlier.

4. In reply, the learned Standing Counsel appearing for the petitioner submitted that the request sought for by the petitioner cannot be granted for the reason that he is only the Bar licence holder and not the building owner of the TASMAC Shop No.4082. That apart, the licence given to the petitioner is going to be expired on 31.12.2025.

5. Heard both sides. Perused the records.

6. Considering the facts and circumstances of the case and also upon submissions made, this Court is of the view that since the TASMAC Shop No.4082 was already shifted to new address as early as in year 2024, the petitioner might have been well aware of the same and though a misrepresentation has been made on behalf of the official respondents, the petitioner could have very well contested the same before this Court. Having aware of the said facts of shifting of the shop, the petitioner has failed to brought to the notice of this Court.

7. Such being the case, this Court is inclined to modify the paragraph no.2 of the order dated 11.06.2025 passed in W.P.No.1803 of 2024. Accordingly the same stands modified as follows:

"2. Today, when the matter is taken up for hearing, the learned counsel Standing Counsel appearing for the respondents 1 to 3 as well as the learned Government

Advocate appearing for the 4 th respondent would submit that as on date TASMAC Shop No.4082 is continuing in the newly shifted address i.e., Door No.155/97,Ambal Nagar, Keezkattalai, Chennai- 600 117., since the respondents have already shifted the aforesaid shop to the aforesaid address. Therefore, the question of once again shifting the shop will not come into picture and hence the prayer sought for in this writ petition cannot be granted."

8. Registry is directed to substitute the aforesaid paragraph with paragraph no.2 of the order dated 11.06.2025 made in W.P.No.1803 of 2024 and issue fresh order copy to the parties concerned.

9. This Miscellaneous Petition is ordered accordingly. It is made clear that in case, the petitioner is aggrieved by the aforesaid modification, it is open to him to approach the respondents concerned by way of representation, for redressal of his grievance.

18-11-2025 (1/2) arr

To 1.The Senior Regional Manager Tamil Nadu State Marketing Corporation Limited (tasmac), No.Lla Building, 4th Floor, Anna Salai, Chennai- 600 002.

2.The Managing Director Tamil Nadu State Marketing Corporation Limited (tasmac), Thalamuthu Nadarajan Building, Gandhi Irwin Road, Egmore, Chennai600 008.

4.The District Collector Kancheepuram District.

KRISHNAN RAMASAMY, J.

arr in W.P.No.1803 of 2024

18-11-2025