Nachayee v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Nachayee ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai, 2.The Managing Director, Tamilnadu State Marketing Corporation Ltd., (TASMAC) CMDA Tower - II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai.

3.The District Manager, Tamilnadu State Marketing Corporation Ltd., (TASMAC) Thondi Road, Sivagangai.

4.The Tahsildar,, Devakottai Taluk,

Devakottai, Sivagangai District.

5.The Commissioner, Devakottai Municipality, Devakottai, Sivagangai District.

6.The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents No.1 and 2 forbearing the respondent No.3 in opening the proposed TASMAC liquor shop No.7605 situated in Thanichavurani Road, Ram Nagar, Devakottai Taluk, Sivagangai District by considering the Petitioner's representation dated 10.09.2023 and further representation sent on 21.12.2023.

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For Petitioner :

Mr.M.Murugesan For Respondents :

Mr.P.Thilak Kumar Government Pleader for R1 & R4 Mr.H.Arumugam Standing Counsel for R2 & R3 Mr.Bharathikannan, Standing Counsel for R5 Mr.R.Meenakshi Sundaram, Additional Public Prosecutor for R6

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to forbear the respondent No.3 in opening the proposed TASMAC liquor shop No.7605 situated in Thanichavurani Road, Ram Nagar, Devakottai Taluk, Sivagangai District, by considering the petitioner's representation dated 10.09.2023 and further representation sent on 21.12.2023.

2. By consent of both sides, the Writ Petition is taken up for final hearing at the time of admission itself.

3. According to the petitioner, he made a representation dated 21.12.2023 to the first respondent District Collector and the same is yet to be disposed of and hence appropriate directions may be issued to dispose of the said representation.

4. Considering the prayer made in the Writ Petition and the submissions made by the learned counsel on either side, without going into the

merits of the claim made by the petitioner either in the Writ Petition or in the representation, this Court directs the first respondent to consider the representation of the petitioner dated 21.12.2023 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, after providing opportunity of hearing to the petitioner and all other parties concerned. Till such time, there shall be an order to maintain status quo prevailing as on date.

5. With the aforesaid directions, the Writ Petition stands disposed of. No costs. Consequently, connected Writ Miscellaneous Petition is closed. [D.K.K., J.] [R.V., J.] 18.01.2024 Index : Yes / No Internet : Yes / No SJ To 1.The District Collector, Sivagangai District, Sivagangai,

2.The Tahsildar, Devakottai Taluk, Devakottai, Sivagangai District.

3.The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

SJ 18.01.2024