Ramesh.M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.1238 of 2023 M.Ramesh ... Petitioner vs.

1.The District Collector, Theni District, Theni.

2.The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), 4th Floor, C.M.D.A Buildings, Egmore, Chennai - 600 008.

3.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Plot No.100, Anna Nagar, Madurai - 625 020.

4.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Karuvelnayakkanpatti, Theni - 625 531.

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5.The Superintendent of Police, Theni District, Theni.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents from opening a TASMAC shop at Kamaraj Bazaar, Bodinayakkanur Town, Theni District.

For Petitioner : Mr.K.Gokul For R - 1 : Mr.P.Thilak Kumar Government Pleader For RR 2 to 4 : Mr.S.Sivanesan Standing Counsel For R - 5 : Mr.S.Manikandan Government Advocate (Criminal Side)

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, forbearing the respondents from opening a TASMAC shop at Kamaraj Bazaar, Bodinayakkanur Town, Theni District. 2/5

2.Today, when the matter was taken up for hearing, the learned standing counsel appearing for the respondents 2 to 4 submitted that the aforesaid proposal is pending before the first respondent/District Collector in Na.Ka.No.8525/2022/A3, dated 09.12.2022.

3.The learned counsel appearing for the petitioner submitted that the petitioner made an objection before the first respondent/District Collector on 26.12.2022 and the same is pending. 4.Considering the submissions made on either side, in the light of Rule 9 of the Tamil Nadu Retail Vending (In Shops and Bars) Rules, 2003, the first respondent/District Collector is directed to consider the representation of the petitioner, dated 26.12.2022 and pass orders as early as possible.

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5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [R.V.,J.] 24.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes To 1.The District Collector, Theni District, Theni.

2.The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), 4th Floor, C.M.D.A Buildings, Egmore, Chennai - 600 008.

3.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Plot No.100, Anna Nagar, Madurai - 625 020.

4.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Karuvelnayakkanpatti, Theni - 625 531.

5.The Superintendent of Police, Theni District, Theni.

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D.KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 24.01.2023 5/5