Nagarajan M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)No.2621 of 2023 M.Nagarajan ... Petitioner vs.

1.The District Collector, Theni District.

2.The Regional Manager (TASMAC), Madurai Region, Plot No.100, Anna Nagar, Madurai - 20.

3.The District Manager (TASMAC), Tamil Nadu State Marketing Company, Karuvelnayakkanpatti, Udayappa College Road, Theni District.

4.The Executive Officer, Thevaram Town Panchayat, Thevaram.

5.S.Raja ... 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 first respondent to consider the people's objection by a representation dated 08.12.2021 from opening a new TASMAC shop by the third respondent in the agricultural land in Survey No.937/6 & 7 in Thevaram, belongs to the fifth respondent and to pass an appropriate order thereon, after giving hearing opportunity to the petitioner and the residents of Thevaram. For Petitioner : Mr.R.Suriyanarayanan For RR 1 & 4 : Mr.P.Thilak Kumar Government Pleader For RR 2 & 3 : Mr.S.Sivanesan Standing Counsel

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Mr.P.Thilak Kumar, learned Government Advocate takes notice for the respondents 1 and 4 and Mr.S.Sivanesan, learned standing counsel takes notice for the respondents 2 and 3.

2.By consent of both parties, this Writ Petition itself is taken up for final disposal.

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3.The prayer in this Writ Petition is seeking for issuance of a Writ of Mandamus, directing the first respondent to consider the people's objection by a representation dated 08.12.2021 from opening a new TASMAC shop by the third respondent in the agricultural land in Survey No.937/6 & 7 in Thevaram, belongs to the fifth respondent and to pass an appropriate orders thereon, after giving hearing opportunity to the petitioner and the residents of Thevaram.

4. The learned counsel appearing for the petitioner submitted that it is suffice, if a direction is issued to the first respondent to consider the objection of the petitioner, dated 08.12.2021 and pass orders within a time frame to be fixed by this Court.

5. In view of the limited relief sought for, the first respondent is directed to consider the objection of the petitioner, dated 08.12.2021 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is needless to say that the copy of the said objection to be enclosed along with the order copy addressed to the first respondent. 3/5

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K.,J.] [L.V.G.,J.] 13.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Theni District.

2.The Regional Manager (TASMAC), Madurai Region, Plot No.100, Anna Nagar, Madurai - 20.

3.The District Manager (TASMAC), Tamil Nadu State Marketing Company, Karuvelnayakkanpatti, Udayappa College Road, Theni District.

4.The Executive Officer, Thevaram Town Panchayat, Thevaram.

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D.KRISHNAKUMAR ,J.

and L.VICTORIA GOWRI,J.

ps ORDER MADE IN DATED : 13.02.2023 5/5