V. Gopalsamy v. The District Collector

W.P.(MD)No.5789 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD)No.5789 of 2020 and W.M.P.(MD)No.5603 of 2020 V.Gopalsamy ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Commissioner, Prohibition & Excise, Collectorate, Virudhunagar District.

3.The District Manager, TASMAC, Collectorate, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus to forbear the respondents from shifting the TASMAC Shop No.11853 situated in PSK Nagar, P.K.N.Road, Sivakasi East, Virudhunagar District to D.No.1556, Ward No.9, PSK Nagar, P.K.N.Road, Sivakasi East, Virudhunagar District, by considering the petitioner's representation dated 12.03.2020. For Petitioner : Mr.M.Ajmal Khan, Senior Counsel for M/s.Ajmal Associates For Respondents : Mr.P.Kannidevan, Additional Government Pleader for R.1 & R.2 Mr.H.Arumugam, Standing Counsel for R.3

ORDER

(Order of the Court was made by P.N.PRAKASH,J.) This writ petition has been filed by the petitioner to forbear the respondents from shifting the TASMAC Shop No.11853 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5789 of 2020 situated in PSK Nagar, P.K.N.Road, Sivakasi East, Virudhunagar District to D.No.1556, Ward No.9, PSK Nagar, P.K.N.Road, Sivakasi East, Virudhunagar District.

2. When the matter was taken up for hearing, the learned Standing Counsel for TASMAC submitted that the issue as to the shifting of the TASMAC shop is at the stage of infancy and the District Collector, Virudhunagar, is seized of the matter.

3. In view of the said representation, the District Collector, Virudhunagar, is directed to consider the representation dated 12.03.2020 given by the petitioner and also take into consideration as to whether the opening of the TASMAC shop in the said area would cause any nuisance to the residents of the locality and accordingly, take a decision thereon.

4. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS ) gk To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Commissioner, Prohibition & Excise, Collectorate, Virudhunagar District.

3.The District Manager, TASMAC, Collectorate, Virudhunagar.

+1 CC to M/s.SPL.GP ( SR-12936[F] dated 24/03/2020 ) W.P.(MD)No.5789 of 2020 23.03.2020 MK (14.05.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2