Madras High CourtWP(MD)/856/2025dismissed

S.Arasappan v. The District Collector

2025-01-09Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.540 of 2025 S.Arasappan ... Petitioner /vs./ 1.The District Collector, Thanjavur.

2.The District Manager, TASMAC, Thanjavur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent to consider the representation dated 30.12.2024 of the petitioner and forthwith forbear the respondents from opening TASMAC Shop in T.S.No.2949/9A, 10A adjacent to the petitioner's hotel in MKM Road, Thanjavur to any other place. For Petitioner : Mrs.AL.Gandhimathi Senior Counsel for Mr.C.Mahadevan 1/4

For R1 : Mr.J.K.Jeyaseelan Government Advocate For R2 : Mr.H.Arumugam Standing Counsel

ORDER

The petitioner has sought for a Mandamus to consider the representation and also to forbear the respondents from opening the TASMAC shop adjacent to the petitioner's hotel at Tanjore.

2. The learned standing counsel appearing on behalf of the second respondent would submit that a proposal had been made by the second respondent to the first respondent and the same is pending.

3. In view of the fact that the proposal to open the shop is pending with the first respondent and also the fact that the petitioner's representation dated 30.12.2024 has also been made to the first respondent, the first respondent is directed to consider the representation of the petitioner while considering the proposal of the second respondent for opening of the TASMAC shop in T.S.No. 2949/9A, 10A at MKM Road, Thanjavur. When the first respondent exercises the 2/4

direction issued by this Court, the petitioner shall be given an opportunity of hearing and thereafter, the first respondent shall pass orders on merits and in accordance with law based on the proposal sent by the second respondent.

4. With the aforesaid directions, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No 09.01.2025 Internet : Yes / No mm To The District Collector, Thanjavur.

3/4

K.KUMARESH BABU, J.

mm 09.01.2025 4/4