K.Murugesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.5225 of 2024 K.Murugesan : Petitioner Vs.

1.The District Collector, Collector Office, Thanjavur, Thanjavur District.

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

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, forbearing the second respondent from opening TASMAC retail shop at Thiruvonam Weekly Market area, Thiruvonam, Orathanadu Taluk, Thanjavur District based on the petitioner's representation dated 20.02.2024. 1/5

For Petitioner : Mr.R.Ramadurai For Respondent No.1 : Mr.P.Thilak Kumar Government Pleader For Respondent No.2 : Mr.H.Arumugam Standing Counsel

O R D E R

************ [Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed seeking for a direction to the second respondent not to open a TASMAC retail shop at Thiruvonam Weekly Market area, Thiruvonam, Orathanadu Taluk, Thanjavur District based on the petitioner's representation dated 20.02.2024.

2.Heard Mr.R.Ramadurai, learned Counsel appearing for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing for the first respondent and Mr.H.Arumugam, learned Standing Counsel for the second respondent.

3.According to the learned Standing Counsel appearing for the second respondent, so far no proposal has been forwarded to the District Collector for opening a TASMAC shop in the area in question.

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4.In such circumstances, we are of the view that if any such proposal is forwarded to the District Collector for opening of the TASMAC shop in Thiruvonam Weekly Market area, Thiruvonam, Orathanadu Taluk, Thanjavur District, the District Collector shall consider the petitioner's representation dated 20.02.2024 and take appropriate decision in accordance with law. It is needless to say that the petitioner shall also make objections before the District Collector, if any such proposal is made.

5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

[D.K.K.,J.] & [R.V.,J.] 08.03.2024 Index : Yes/No Internet : Yes/No MR 3/5

To 1.The District Collector, Collector Office, Thanjavur, Thanjavur District.

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

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D.KRISHNAKUMAR, J.

and R.VIJAYAKUMAR, J.

MR ORDER MADE IN 08.03.2024 5/5