Ravichandran v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.952 of 2023 Ravichandran ... Petitioner vs.
1.The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), CMDA Towers 4th Floor, Egmore, Chennai - 600 018.
2.The District Collector, The District Collector Office, Pudukkottai District, Pudukkottai.
3.The Assistant Commissioner, The Prohibition and Excise Department, District Collector Office, Pudukkottai District.
4.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC), Pudukkottai District.
... Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein from in any manner locating the new TASMAC shop in the property comprised in Survey No.7/5, F-1, Block No.1, Ward No.C, nearby Grace A.G.Church, Pattukkottai Road, Aranthangi, Pudukkottai District by considering the petitioner's representation, dated 09.01.2023. For Petitioner : Mr.R.Varadharajan For RR 1 & 4 : Mr.H.Arumugam Standing Counsel For RR 2 & 3 : Mr.P.Thilak Kumar Government Pleader
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, directing the respondents from in any manner locating the new TASMAC shop in the property comprised in Survey No.7/5, F-1, Block No.1, Ward No.C, nearby Grace A.G.Church, Pattukkottai Road, Aranthangi, Pudukkottai District by considering the petitioner's representation, dated 09.01.2023.
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2.Today, when the matter was taken up for hearing, the learned standing counsel appearing for the respondents 1 & 4 has produced the order passed by the District Collector, Pudukottai in Na.Ka.No.J2/23402/2022, dated 08.12.2022, in which the District Collector has granted permission to open the shop in T.S.No.7/5F1, Patta No.6960, belonged to one Mahalakshmi.
3.In view of the abovesaid proceedings, dated 08.12.2022, it is open to the petitioners to challenge the same under Rule 9A of the Tamil Nadu Retail Vending (In Shops and Bars) Rules, 2003, if he is so advised. The learned standing counsel appearing for the respondents 1 and 4 is directed to serve a copy of the said proceedings to the learned counsel appearing for the petitioner.
4.Accordingly, this Writ Petition is dismissed with liberty to the petitioner to challenge the aforesaid proceedings, dated 08.12.2022 under Rule 9A of the Tamil Nadu Retail Vending (In Shops and Bars) Rules, 2003, 3/5
if he is so advised. No costs. Consequently, connected Miscellaneous Petition is closed.
[D.K.K.,J.] [R.V.,J.] 19.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes To 1.The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), CMDA Towers 4th Floor, Egmore, Chennai - 600 018.
2.The District Collector, The District Collector Office, Pudukkottai District, Pudukkottai.
3.The Assistant Commissioner, The Prohibition and Excise Department, District Collector Office, Pudukkottai District.
4.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC), Pudukkottai District.
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D.KRISHNAKUMAR ,J.
and R.VIJAYAKUMAR,J.
ps ORDER MADE IN DATED : 19.01.2023 5/5