Madras High CourtWP(MD)/17805/2014disposed of

V.C.Vaidyalingam, v. The District Collector,

2015-09-07Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.17805 of 2014 and MP(MD).No.1 of 2014 V.C.Vaidyalingam ... Petitioner Vs.

1.The District Collector, Ramanathapuram District.

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

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents herein from opening a new TASMAC shop in the proposed place in Sy.No.198, 1(c) 4(B), Mookaiyur junction, ECR Highways, Kanyakumari Main Road at Sayalkudi, Ramanathapuram District by considering the representation of the petitioner dated 09.10.2014. For Petitioner : Mr.J.Senthil Kumariah For 1st Respondent : Mr.N.S.Karthikeyan, Additional Government Pleader.

For 2nd Respondent : Mr.M.Muniyasamy

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed in public interest, seeking a direction to forbear the respondents from opening a new TASMAC shop in the proposed place in Sy.No.198, 1(c) 4(B), Mookaiyur junction, ECR Highways, Kanyakumari Main Road at Sayalkudi, Ramanathapuram District by considering the representation of the petitioner dated 09.10.2014.

2. Heard both sides.

3. The grievance of the petitioner is that the representation dated 09.10.2014 submitted by the petitioner, has not been considered so far and hence, this writ petition. https://hcservices.ecourts.gov.in/hcservices/

4. Though the petitioner has sought for the relief as above, the learned Counsel for the petitioner would submit that the representation dated 09.10.2014 submitted by the petitioner may be directed to be considered by the first respondent.

5. Accordingly, without going into the merits of the petitioner's claim, the first respondent is directed to verify the nature of the complaint made by the petitioner and consider the representation of the petitioner dated 09.10.2014 on its own merit and in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its own merit as per law.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District.

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

+1cc to Mr.S.Sabbani Karpura Jothi, Advocate Sr.No.52396 +1cc to Spl.GOvernemnt Pleader Sr.No. 52887 mj AA/18.09.2015/2p-5c Writ Petition (MD) No.17805 of 2014 07.09.2015 https://hcservices.ecourts.gov.in/hcservices/