← Library
Madras High CourtWP/28907/2018disposed of

S.Mani v. The District Collector,

2018-11-02Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2018

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.28907 of 2018 in W.M.P.No.33772 of 2018 S.Mani ..Petitioner vs.

1.The District Collector Tirupur District, Palladam Road, Tirupur-4.

2.The Superintendent of Police 3.The District Manager TASMAC Head Office 4.The Inspector of Police Kundadam Police Station Kundadam, Dharapuram Taluk Tirupur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 3 to remove the TASMAC Shop No.3455 situated opposite to bus stand in Pudhunavakombu Village, Dharapuram Taluk, Tirupur District and or some other place in the village. For Petitioner : Mr.Pitty Parthasarathy For Respondents : Mr.K.Sathish Kumar standing counsel for R3 Mr.N.Inbanathan Additional Government Pleader for R1, R2 & R4

O R D E R

Mr.N.Inbanathan, learned Additional Government Pleader takes notice for R1, R2 & R4. Mr.K.Sathish Kumar, learned standing counsel takes notice for R3. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for mandamus directing the respondents 1 and 3 to remove the TASMAC Shop No.3455 situated opposite to bus stand in Pudhunavakombu Village, Dharapuram Taluk, Tirupur District.

3. Heard both sides.

4. It is seen that the petitioner has already made a representation dated 16.07.2018 opposing for the location of the TASMAC Shop No.3455.

5. The very same petitioner earlier has approached this Court and filed WP.No.20150 of 2018 seeking for mandamus forbearing the respondents 1 and 3 from erecting or relocating the TASMAC Shop No.3455 opposite to bus stand situated in Pudhunavakombu Village or some other place in the Village. However, when the above said writ petition was taken up for hearing, it was represented that the said shop was already located in the disputed site. Therefore, the petitioner sought liberty to file appropriate petition before appropriate forum. Granting such liberty, the said writ petition was dismissed as infructuous.

6. Thereafter, the present writ petition is filed seeking for the same relief as stated supra. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide the same. Therefore, this writ petition is disposed of, by directing the first respondent to consider the representation made by the petitioner dated 16.07.2018 and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To 1.The District Collector Tirupur District, Palladam Road, Tirupur-4.

2.The Superintendent of Police

3.The District Manager TASMAC Head Office 4.The Inspector of Police Kundadam Police Station Kundadam, Dharapuram Taluk Tirupur District.

+1cc to Mr.Pitty Parthasarathy, Advocate, S.R.No.75836 +1cc to Mr.K.Sathish Kumar, Advocate, S.R.No.75621 +1cc to the Government Pleader, S.R.No.76468 W.P.No.28907 of 2018 rrs 22/11/2018