Justin Selvin George .A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD) No.3293 of 2024 A.Justin Selvin George ... Petitioner -vs1.The District Collector Nagercoil Kanyakumari District 2.The Commissioner of Prohibition & Excise Chepauk Chennai-600 005 3.The Managing Director TASMAC Limited Thalamuthu Natarajan Building 4th Floor, CMDA Tower-II Egmore Chennai-600 008

4.The District Manager (TASMAC), IMFS Depot Door No.25/1-No.837 and 25/2-838 Konam, Indl Estate Nagercoil 629 004 Kanyakumari District 5.The Executive Officer Thingal Nagar Selection Grade Town Panchayat Kalkulam Taluk Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents from opening / shifting the TASMAC Shop No.4880 in S.No.33/7A in Thingal Nagar Village, Kalkulam Taluk, Kanyakumari District, by considering the petitioner's representation dated 17.01.2024 and 31.01.2024, within the time stipulated by this Court. For Petitioner :

Mr.E.Mareeskumar For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 & R2 Mr.S.Sivanesan for R3 & R4

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1 & 2 and Mr.S.Sivanesan, learned Standing Counsel, takes notice for the respondents 3 & 4.

2. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.

3. Prayer in this writ petition is to forbear the respondents from opening / shifting TASMAC Shop No.4880 in S.No.33/7A of Thingal Nagar Village, Kalkulam Taluk, Kanyakumari District, by considering the petitioner's representations dated 17.01.2024 and 31.01.2024, within the time stipulated by this Court.

4. Today, when the matter was taken up for hearing, learned Standing Counsel appearing for the respondents 3 and 4, on instructions, submitted that as on date, no such proposal is pending for opening or shifting

a TASMAC shop in the subject place and only on the apprehension, the petitioner has filed this writ petition.

5. Recording the above submission of the learned Standing Counsel, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] [R.V., J.] 14.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Nagercoil, Kanyakumari District.

2.The Commissioner of Prohibition & Excise, Chepauk, Chennai-600 005.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and W.M.P.(MD) No.3293 of 2024 14.02.2024