R.Selvakumar v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2018
CORAM
The Hon'ble Mr.JUSTICE S.VAIDYANATHAN W.P.No.27513 OF 2018 R.Selvakumar .. Petitioner -vs1.The District Collector, Thiruvallur District, Thiruvallur.
2.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., 4th Floor, Thalamuthu Nadarasan Maligai, Egmore, Chennai-8.
3.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., LLA Building, Anna Salai, Chennai - 6.
4.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Thirumazhisai, Thiruvallur East, Chennai - 123.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to not to open the TASMAC wine shop in the proposed location at S.No.103/1, Mettukuppam Main Road, Kuppusamy Nagar, Sivabootham, Vanagaram, Chennai-95 based upon the representation of the petitioner, dated 26.9.2018.
For Petitioner : Mr.M.Manimaran For Respondents : Ms.K.Bhuvaneswari Addl. Government Pleader for 1st respondent Mr.P.Arumugarajan for respondents 2 to 4
O R D E R
(Order of the Court was made by S.Vaidyanathan, J.) Ms.K.Bhuvaneswari, learned Additional Government Pleader accepts notice on behalf of the 1st respondent and Mr.P.Arumugarajan, learned standing counsel accepts notice on behalf of the respondents 2 to 4.
2. This writ petition has been filed by the petitioner seeking a writ of mandamus directing the respondents not to open the TASMAC wine shop in the proposed location at S.No.103/1, Mettukuppam Main Road, Kuppusamy Nagar, Sivabootham, Vanagaram, Chennai-95 based upon the representation of the petitioner dated 26.9.2018.
3. The case of the petitioner is that the area/location in which the respondent authorities were proposing to open a TASMAC shop is located near to National Highway and density of heavy vehicular traffic. Further case of the petitioner is that earlier a TASMAC shop was functioning in the same location and based on the objection raised by the general public, the same has been closed. Despite the said fact, the respondent authorities are proposing to establish a new TASMAC shop in the said area. In this regard, on 26.9.2018, the petitioner sent a representation to the respondents opposing opening of TASMAC shop in S.No.103/1, Mettukuppam Main Road, Kuppusamy Nagar, Sivabootham, Vanagaram, Chennai-95 and the said representation has not been considered by the respondents till date.
4. Without going into the merits of the matter, this Court dispose of the writ petition, by directing the respondent authorities to consider the representation of the petitioner dated 26.9.2018 and pass a reasoned order within a period of four weeks from the date of receipt of a copy of this order after hearing all concerned.
No costs.
Consequently, W.M.P.No.32025 of 2018 is closed.
Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar bbr/mp
To 1.The District Collector, Thiruvallur District, Thiruvallur.
2.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., 4th Floor, Thalamuthu Nadarasan Maligai, Egmore, Chennai-8.
3.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., LLA Building, Anna Salai, Chennai - 6.
4.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Thirumazhisai, Thiruvallur East, Chennai - 123.
+1cc to Mr.P.Arumugaraja, Advocate, S.R.No. 71849 +1cc to the Government Pleader, S.R.No. 71612 W.P.No.27513 of 2018 GN(29/10/2018)