Madras High CourtWP(MD)/7694/2022disposed of

Kalimuthu v. The District Collector

2022-04-22Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Kalimuthu ... Petitioner Vs.

1.The District Collector, Pudukottai.

2.The Revenue Divisional Officer, Aranthangi, 3.The Thasildar, Aavudaiyar Kovil Taluk, 4.The Managing Director, TASMAC, CMDA Tower 2, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-8.

5.The District Manager, TASMAC Limited,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbear the respondents 1 to 5 herein to shift the TASMAC shop No.6636 in proposed place at Karur Village Aavudaiyar Kovil Taluk, Pudukottai District from existing place in Patta No.25, Narasingapuram Village, Aavudiayar Kovil Circle Pudukottai District and direct the fifth respondent to remit the 12 months rents arrear during April 2017 to March 2018 by considering the petitioner's representation dated 16.04.2022 within the time stipulated by this Court. For Petitioner : Mrs.M.Rajeswari For R1 to R3 : Mr.K.S.Selva Ganesan ` Additional Government Pleader For R4 & R5 : Mr.H.Arumugam 1/3

ORDER

Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 to 3 and the learned counsel for the fourth respondent.

2. The petitioner apprehends that the retail shop outlet leased out from the petitioner will be shifted back to the same place, where the shop was earlier situated.

3. It is submitted that the previous shop was placed where there were law and order situation and therefore, the respondents had shifted the retail outlet shop to the petitioner's shop, which was built by the petitioner. It is submitted that the respondents have now decided to shift the shop back to the Old Shop No.6636. There is no merit in the present writ petition. Petitioner cannot force respondents to continue to lease this shop premises. All the same, respondents shall consider the petitioner's representation dated 16.04.2022.

4. The writ petition therefore stands disposed of by directing the respondent to consider and pass appropriate orders on the representation of the petitioner, dated 16.04.2022 within a period of four weeks from the date of receipt of copy of this order. No costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To 1.The District Collector, Pudukottai.

2.The Revenue Divisional Officer, Aranthangi, 3.The Thasildar, Aavudaiyar Kovil Taluk, 2/3

4.The Managing Director, TASMAC, CMDA Tower 2, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-8.

5.The District Manager, TASMAC Limited, +1 CC to M/s.S.M.S. JOHNNY BASHA, Advocate ( SR-20338[F] dated 22/04/2022 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-20977[F] dated 25/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21169[F] dated 26/04/2022 ) 22.04.2022 RD(02.05.2022) 3P 9C 3/3