Madras High CourtWP(MD)/7420/2022disposed of

Pandian.M v. The District Collector

2022-04-20Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.[MD]No.5643 of 2022 M.Pandian ... Petitioner Vs.

1.The District Collector, Office of the Collectorate, Dindigul District, Dindigul.

2.The General Manager, Tamil Nadu Civil Supplies Corporation, Dindigul District, Dindigul.

3.The Deputy Registrar, The Deputy Registrar of Co-operative Societies, Dindigul District, Dindigul.

4.The President, DD487, The Co-operative Society, Pandian Nagar, Trichy Road, Dindigul District.

5.P.Jeevanantham ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to cancel the license issued to the fifth respondent for distribution of the stocks / materials from the Tamil Nadu Civil Supplies Corporation to the Fair Price Shops in Dindigul through the vehicles of the fifth respondent.

For Petitioner : Mr.M.Sricharan Rangarajan for Mr.S.Ramsundarvijayraj For Respondents 1 to 4 : Mr.P.Thilak Kumar Government Pleader 1/3

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 4 to cancel the license issued to the fifth respondent for distribution of the stocks / materials from the Tamil Nadu Civil Supplies Corporation to the Fair Price Shops in Dindigul through the vehicles of the fifth respondent. 2.Heard Mr.M.Sricharan Rangarajan for Mr.S.Ramsundarvijayraj, learned Counsel appearing for the writ petitioner and Mr.P.Thilak Kumar, learned Government Pleader who accepts notice on behalf of the respondents 1 to 4.

3.At the outset, learned Counsel for the petitioner would submit that the petitioner is satisfied if his representations dated 23.02.2022, 21.03.2022 and 06.04.2022 seeking for cancellation of the fifth respondent's license is considered on merits and in accordance with law, within a time frame to be fixed by this Court. 4.According to the petitioner, he was earlier disqualified to transport materials for ration shops using his vehicles on the ground that he was not utilising his own vehicles but was using third party vehicles. According to the petitioner, the fifth respondent is also doing the same thing. Therefore, the petitioner has given the aforementioned representations seeking for cancellation of the license granted to the fifth respondent. The petitioner seeks for early disposal of those representations. 5.No prejudice would be caused to the official respondents if the petitioner's representations are considered on merits and in accordance with law after affording a fair hearing to the petitioner and the fifth respondent within a time frame to be fixed by this Court.

6.For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representations dated 23.02.2022, 21.03.2022 and 06.04.2022, requesting the third respondent to cancel the fifth respondent's license granted for distribution of the stocks / materials from the Tamil Nadu Civil Supplies Corporation to the Fair Price Shops in Dindigul through his vehicle and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and the fifth respondent including granting them the right of personal hearing, within a period of four [4] weeks from the date of receipt of a copy of this order. Necessarily, till then, the fifth respondent will have to adhere to the terms and conditions of the license. 2/3

7.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.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Office of the Collectorate, Dindigul District, Dindigul.

2.The General Manager, Tamil Nadu Civil Supplies Corporation, Dindigul District, Dindigul.

3.The Deputy Registrar, The Deputy Registrar of Co-operative Societies, Dindigul District, Dindigul.

4.The President, DD487, The Co-operative Society, Pandian Nagar, Trichy Road, Dindigul District.

+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-19848[F] dated 20/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-20443[F] dated 22/04/2022 ) 20.04.2022 RD(02.05.2022) 3P 7C 3/3