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Madras High CourtWP/31864/2018dismissed

R.Arunprakash v. The District Collector

2019-02-04Honourable Mr Justice S. Manikumar,Honourable Mr Justice Subramonium Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 4.2.2019

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.31864 of 2018 R.Arunprakash ... Petitioner Vs.

1.The District Collector Villupuram District 2.The Managing Director 4th Floor, Thalamuthu Nadarasan Maligai Egmore, Chennai - 8 3.The Senior Regional Manager District Collector Office Old Building First Floor Tiruchirapalli - 620 001 4.The District Manager 59A, Compartment No.II Chennai Trunk Road ... Respondents Writ Petition filed under Article 226 of the Constitution of India for a writ of mandamus directing the respondents to close TASMAC Shop Nos.11425, 11618, 11477 and 11423 in Gingee, Villupuram District.

For Petitioner : Mr.A.Siva Kumar For Respondent : Mr.E.Manokaran, AGP for R1 Mr.K.Sathishkumar for R2 to R4

ORDER

(delivered by S.MANIKUMAR, J) Instant writ petition is for a writ of mandamus directing the respondents to close TASMAC Shop Nos.11425, 11618, 11477 and 11423 in Gingee, Villupuram District.

2. On instructions, Mr.K.Sathishkumar, learned counsel for TASMAC, submitted that in the light of the decision of the Hon'ble Supreme Court in State of Tamil Nadu v. K.Balu and Another reported in (2017) 2 SCC 281 that shops should not be located within 220 meters from the outer edge of the National or State Highway or of a service lane along the Highway, the above said shops have been closed. Submission is placed on record. Prayer sought for has become infructuous.

3. Accordingly, the writ petition is dismissed as infructuous. However, there shall be no order as to cost. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar asr To 1.The District Collector Villupuram District 2.The Managing Director 4th Floor, Thalamuthu Nadarasan Maligai Egmore, Chennai - 8 3.The Senior Regional Manager District Collector Office Old Building First Floor Tiruchirapalli - 620 001

4.The District Manager 59A, Compartment No.II Chennai Trunk Road +1cc to Mr.K.Sathishkumar, Advocate SR.No.9492 +1cc to Government Pleader, High Court, Madras SR.No.9454 W.P.No.31864 of 2018 GMY(05/03/2019)