Kannan.P v. The District Collector

W.P. (MD) No. 4048 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022

CORAM

THE HONOURABLE MR.JUSTICE C. SARAVANAN W.P. (MD) No. 4048 of 2022 and W.M.P. (MD) No. 3469 of 2022 P.Kannan ... Petitioner Vs.

1. The District Collector, Tiruchirapalli.

2. The Manager, Tamil Nadu State Marketing Corporation, Tiruchirapalli.

3. N.Manickam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the first and second respondents to consider the petitioner's representation and not to relocate the shop running at Door No.43, Nachiyar Kovil Street, Woraiyur, Tiruchirapalli and continue the same in the same location.

For Petitioner :

Mr.P.Parthiban For Respondents :

Mr.M.Prakash Addl. Government Pleader for R1 Mr.B.Jameel Arasu for R2

O R D E R

The relief sought for in the present Writ Petition is to direct the first and second respondents to consider the petitioner's representation and to not to re-locate the shop running at Door No.43, Nachiyar Kovil Street, Woraiyur, Tiruchirapalli and continue the same in the same location.

2. By consent of both parties, this writ petition is disposed of at the time of admission itself.

3. It is the case of the petitioner that the petitioner and the third respondent have entered into unregistered lease agreement for https://hcservices.ecourts.gov.in/hcservices/ _________

W.P. (MD) No. 4048 of 2022 the building and premises owned by the third respondent which situated at Door No.43, Nachiyar Kovil Street, Woraiyur, Tiruchirappalli, for the period from 01.01.2012 to 31.12.2016 and the same was extended on 01.01.2017 till 31.05.2021. Thereafter, the petitioner has leased the said land to the second respondent, in which, the second respondent was running a TASMAC bar / shop.

4. The learned counsel for the respondents submits that the lease period itself is come to an end on 31.05.2022.

5. However, before the lease period, the first respondent has passed an order on 16.02.2022 and decided to close the TASMAC shop. It appears that the petitioner was not aware of the same.

6. Considering the same, I direct the second respondent to issue a fresh copy of the letter dated 16.02.2022 vide Proceedings No.gp&,-5242-2022 to the petitioner. I also give liberty to the petitioner to file suitable representation before the respondents in the light of above development within a period of thirty days from the date of receipt of a copy of this order. If such representation is given before the respondents within such time, the respondents shall pass appropriate orders on the representation of the petitioner within a period of thirty days thereafter.

7. With this direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) vji To

1. The District Collector,Tiruchirapalli.

2. The Manager, Tamil Nadu State Marketing Corporation, Tiruchirapalli.

+1 CC to M/s.P.PARTHIBAN, Advocate ( SR-10825[F] dated 09/03/2022 ) +1 CC to M/s.SPL GP ( SR-10600[F] dated 08/03/2022 ) W.P. (MD) No. 4048 of 2022 and W.M.P. (MD) No. 3469 of 2022 07.03.2022 MGJ(23.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ _________