Chennai National Trust v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:3/10/2018 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition No.25965 of 2018 & WMP.NO.30174/2018 Chennai National Trust rep. By Founder and Trustee N.S.Kumara Guru Chennai.

...Petitioner

Vs.

1. The District Collector Kancheepuram District.

2. The Managing Director TASMAC Thalamuthu Natarajan Maaligai Gandhi Irwin Road Egmore, Chennai 600 008.

3. The Senior Regional Manager TASMAC, LLA Building Mount Road, Chennai 600 002.

4. The District Manager TASMAC Thirumazhisai District Kancheepuram North - 3 Kancheepuram District.

...Respondents

Petition filed under Article 226 of the Constitution of India praying the issuance of a writ of mandamus, forbearing the respondents, their subordinates or officials from in any manner issuing or granting licence in favour of the licensee to open the TASMAC Retail Outlet at shop No.4 Kulasekarapuram, G.S.T Road, Chromepet, Chennai 600 044, by considering the representation of the writ petitioner, dated 2/8/2018 submitted to the respondents.

For Petitioner ...Mr. M.Babu Muthu Meeran For Respondents...Mr.S.Kamalesh Kanna Government Advocate for R1 ... Mr.P.Arumugarajan Senior Counsel for TASMAC for R2 & R3 - - - - -

O R D E R

(Order of the Court was made by S.MANIKUMAR, J) Petitioner, in his representation, dated 2/8/2018, has requested not to reopen TASMAC Retail Outlet, at No.4, Kulasekarapuram, GST Road, Chromepet, Chennai 600 044.

2. Contending inter alia that the said representation has not been answered, instant writ petition has been filed for a mandamus, forbearing the respondents, not to grant licence in favour of the licensee, to open the TASMAC Retail Outlet, at shop No.4 Kulasekarapuram, G.S.T Road, Chromepet, Chennai 600 044, by considering his representation, dated 2/8/2018 submitted to the respondents. However, when the writ petition came up for admission, Mr.M.Babu Muthu Meeran, learned counsel for the petitioner submitted that TASMAC shop has already been opened a week ago.

3. Placing on record the above, we are of the view that mandamus sought for has become infructuous. Accordingly, Writ Petition is dismissed. However, it is open to the petitioner, to challenge the order, if he is so advised. No costs. Consequently, the connected Miscellaneous Petition is closed. MVS Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. The District Collector, Kancheepuram District.

2. The Managing Director TASMAC, Thalamuthu Natarajan Maaligai Gandhi Irwin Road, Egmore, Chennai 600 008.

3. The Senior Regional Manager TASMAC, LLA Building, Mount Road, Chennai 600 002.

4. The District Manager TASMAC, Thirumazhisai District Kancheepuram North - 3 Kancheepuram District.

+1cc to Mr.P.Arumugarajan, Advocate S.R.No.67974 +1cc to the Government Pleader, S.R.No.68185 KR/29/10/18 Writ Petition No.25965 of 2018