Manikandan. P v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)Nos.
1987 and 1988 of 2023 P.Manikandan .... Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The Superintendent of Police, O/o.the Superintendent of Police, Madurai District, 3.The Assistant Commissioner, O/o.the Assistant Commissioner, Department of Excise, Collectorate Complex, Madurai District.
4.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Thirumangalam, Madurai District, 5.The National Highways Authority of India, Rep. by its Regional Officer, 2nd and 3rd Floor, Vijay Krishna Plaza,
No.1, Lake Area Melur Main Road, Mattuthavani, Madurai - 625 007.
6.The Senior Regional Manager, Tamilnadu State Marketing Corporation(TASMAC), No.100, Anna Nagar, Madurai - 20.
7.The Tahsildar, O/o.the Tahsildar, Thirumangalam, Madurai District, 8.K.Pandi .. Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the first respondent in Na.Ka.No. 19096/2022/X2 dated 17.11.2022 and quash the same and consequently, direct the first respondent to remove the recreation club attached with bar namely "Joy Recreation Club" operating by the respondent No.8, situated at Junction of Thirumangalam-Usilampatti National Highways at Thirumangalam, Madurai District, by considering the petitioner's representations dated 11.02.2021 and 31.03.2022.
For Petitioner : Mr.Niranjan S.Kumar For R-1 to R-4 & R-7 : Mr.P.Thilak Kumar, Government Pleader For R-5 : Mr.P.Karthick For R-8 : Mr.Sathish Babu
ORDER
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard the learned counsel on either side.
2. The learned Government Pleader submits that against the order of District Collector, the petitioner has a remedy of further appeal before the Commissioner.
3. In light of that, the writ petition is disposed of with liberty to the petitioner to avail the alternate remedy. In that event, all contentions are kept open. The authority where the appeal is filed, shall consider the time in prosecuting this writ petition. No Costs. Consequently connected miscellaneous petitions are closed.
(S.V.G., CJ.) (C.K., J.) 31.08.2023 NCC :Yes/No Index : Yes/No PM
To:
1.The District Collector, Madurai District, Madurai.
2.The Superintendent of Police, O/o.the Superintendent of Police, Madurai District, Madurai.
3.The Assistant Commissioner, O/o.the Assistant Commissioner, Department of Excise, Collectorate Complex, Madurai District.
4.The Revenue Divisional Officer, O/o.the Revenue Divisional Officer, Thirumangalam, Madurai District, 5.The Tahsildar, O/o.the Tahsildar, Thirumangalam, Madurai District, Madurai.
THE HON'BLE CHIEF JUSTICE and C.KUMARAPPAN, J.
PM W.P.(MD)No.2204 of 2023 31.08.2023