Madras High CourtWP(MD)/7101/2018disposed of

T.Muthulingam v. The District Collector

2018-03-28Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.7101 of 2018 and WMP(MD)No.6805 of 2018 T.Muthulingam ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Manager, TASMAC, Sivagangai District.

... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of mandamus forbearing the respondents from opening the bar in TASMAC shop in the property belonged to the petitioner situated at Ward B, Block 1, T.S.No.63, Devakottai Municipality, Sivagangai District.

For Petitioner : Mr.J.Anand Kumar For R1 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R2 : Mr.H.Arumugam

ORDER

This writ petition has been filed seeking to forbear the respondents from opening a bar in TASMAC shop in the property belonged to the petitioner, situated at Ward B, Block 1, T.S.No.63, Devakottai Municipality, Sivagangai District. 2.The grievance of the petitioner is that he is the owner of the above property, in respect of which, a partition suit is pending between the petitioner and other sharers. In the meantime, the second respondent is taking steps to locate a bar in the said property. Hence, he made a representation to the second respondent, to withdraw the No Objection Certificate already given in respect of the property. Since no order has been passed, this writ petition has been filed.

3.Considering the above facts and circumstances, without going into the merits of the case, the second respondent is directed to consider the petitioner's representation dated 27.03.2018 and pass suitable orders on merits and in accordance with law within a period of six weeks from the date of receipt of the copy of this order.

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4.With the above direction, this writ petition is disposed of. No costs. Consequently, WMP(MD)No.6805 of 2018 is closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The District Collector, Sivagangai District, Sivagangai.

+1cc to The Special Government Pleader, SR.No.59513 +1cc to M/s.J.Anandkumar, Advocate, SR.No.58888 mj RL/4C/2P/SV/MMS/SAR1/17/4/2018 WP(MD)No.7101 of 2018 28.03.2018 https://hcservices.ecourts.gov.in/hcservices/