Madras High CourtWP(MD)/4738/2020dismissed

Mohammed Ishak v. The District Collector

2020-03-05Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

W.P.[MD].No.4738 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.[MD].No.4738 of 2020 and W.M.P.(MD)No.4116 of 2020 Mohammed Ishak : Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Regional Manager, TASMAC, Anna Nagar, Madurai.

3.The District Manager, TASMAC, Madurai.

4.The Tahsildar, Thirupparankundram, Madurai-6.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents herein from establishing TASMAC shop at 3rd Bus Stop, Thirunagar, Madurai-6. For Petitioner : Mr.M.Karunanithi For Respondents 1&4 : Mr.M.Pandiarajan, Additional Government Pleader For Respondents 2&3 : Mr.H.Arumugam

O R D E R

*********** [Order of the Court was made by P.N.PRAKASH, J.] It is the case of the petitioner that the respondents are proposing to establish a TASMAC shop in 3rd Bus Stop at Thirunagar, very close to Seethalakshmi Girls Higher School, Maharishi Vidyalaya and Indragandhi Matriculation School. Hence, he has filed the present Public Interest Litigation to prevent it. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD].No.4738 of 2020

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 and 4 and the learned Standing Counsel for the respondents 2 and 3. 3.In the affidavit, the petitioner has not stated the distance between the proposed site and the said Schools. In such view of the matter, this Court is not inclined to admit this Writ Petition and hence, the same stands dismissed. However, the first respondent shall bear in mind the extant Rules, while deciding to establish the TASMAC shop at the said place. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- ASSISTANT REGISTRAR() TRUE COPY / /2020 SUB ASSISTANT REGISTRAR(CS) SML To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Thirupparankundram, Madurai-6.

3.The Regional Manager TASMAC, Anna Nagar, Madurai.

4.The District Manager, TASMAC, Madurai.

+1 CC to M/s.M.KARUNANITHI, Advocate ( SR-10405[F] dated 06/03/2020 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-10402[F] dated 06/03/2020 ) W.P.[MD].No.4738 of 2020 Dated: 05.03.2020 MKB(13.03.2020)/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2