Madras High CourtWP(MD)/3600/2020closed

Suyambulingam v. The District Collector

2021-01-27Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.3600 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.3600 of 2020 W.M.P.(MD) Nos.3046 & 3047 of 2020 (Through Video Conferencing) Suyambulingam : Petitioner Vs.

1.The District Collector Kanyakumari District, at Nagercoil.

2.The District Manager, TASMAC Ltd., Kanyakumari District, Kanyakumari.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records pertaining to the impugned order passed by the 1st respondent vide his proceedings in Roc.R5/40075/2019 dated 12.02.2020 and quash the same as illegal.

For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.K.P.Krishnadoss for R1 Special Government Pleader Mr.B.Jameelarasu for R2

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to challenge the order impugned dated 12.02.2020, wherein, after conducting due enquiry, the shop was directed to be located, over which, the petitioner has got grievance.

2. The learned counsel for the petitioner submitted that there is a school and children hospital nearby the shop. However, the learned counsel for the respondent TASMAC submitted that only after due verification, as could be seen from the order dated 12.02.2020, permission has been granted.

3. We cannot conduct a roving enquiry with respect to the distance rule, unless and until the petitioner has come forward with unimpeachable evidence. This Court cannot exercise the power https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3600 of 2020 under Article 226 of the Constitution of India by interfering the process of measurement.

4. Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous petitions are closed. Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The District Collector Kanyakumari District, at Nagercoil.

+1 CC to M/s.SPL GP ( SR-2367[F] dated 29/01/2021 ) W.P.(MD)No.3600 of 2020 27.01.2021 NA(CO) KB(09.02.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2