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Madras High CourtWP(MD)/14431/2018disposed of

K.Paramasivam v. The Managing Director

2018-07-05Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) Nos.14431, 14432, 14433, 14434 & 14435 of 2018 K.PARAMASIVAM ... Petitioner in WP(MD). 14431/ 2018 P.CHITHAMBARAM ... Petitioner in WP(MD). 14432/ 2018 A.DINESH ... Petitioner in WP(MD). 14433/ 2018 R.RAJASEKAR ... Petitioner in WP(MD). 14434/ 2018 A.P.KARTHIKEYAN ... Petitioner in WP(MD). 14435/ 2018 vs.

1.The Managing Director Tamil Nadu State Marketing Corporation (TASMAC) CMDA Complex, Egmore Chennai-600 008 2.The Senior Regional Manager Tamil Nadu State Marketing Corporation (TASMAC) Old Collector Office Road, Trichy 3.The District Manager Tamil Nadu State Marketing Corporation (TASMAC), Thuvakudi Trichy District ... Respondents in all Petitions Prayer in WP(MD). 14431/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue Writ of Mandamus directing the Respondents herein to consider the Petitioner s representation dated 26.06.2018 and take appropriate decision in the collection of license fee for the bar attached with Tasmac Shop No.10252 (3.01% out of 80% total sale), for the month of May, 2018 in view of order dated 19.06.2018 in WP (MD) Nos.14220 to 14226 and 14670 to 14678 of 2018 on the file of Principal Seat Prayer in WP(MD). 14432/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the Respondents herein to consider the petitioners representation dated 26.06.2018 and take appropriate decision in the collection of license fee for the bar attached with TASMAC Shop No.10550 (3.20%

out of 80% total sale), for the month of May 2018 in view of order dated 19.06.2018 in W.P.(MD)Nos.14220 to 14226 and 14670 to 14678 of 2018 on the file of the Principal Seat of Honble Madras High Court. Prayer in WP(MD). 14433/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the Respondents herein to consider the Petitioners representation dated 26.06.2018 and take appropriate decision in the collection of license fee for the bar attached with Tasmac Shop No. 10564 (3.01% out of 80% total sale), for the month of May, 2018 in view of order dated 19.06.2018 in W.P(MD) Nos. 14220 to 14226 and 14670 to 14678 of 2018 on the file of the Principal Seat of Honble Madras High court.

Prayer in WP(MD). 14434/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the Respondents herein to consider the petitioners representation dated 26.06.2018 and take appropriate decision in the collection of license fee for the bar attached with TASMAC Shop No.10304 (3.01% out of 80% total sale), for the month of May 2018 in view of order dated 19.06.2018 in W.P.(MD)Nos.14220 to 14226 and 14670 to 14678 of 2018 on the file of the Principal Seat of Honble Madras High Court. Prayer in WP(MD). 14435/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the Respondents herein to consider the petitioners representation dated 26.06.2018 and take appropriate decision in the collection of license fee for the bar attached with TASMAC Shop No.10559 (3.01% out of 80% total sale), for the month of May 2018 in view of order dated 19.06.2018 in W.P.(MD)Nos.14220 to 14226 and 14670 to 14678 of 2018 on the file of the Principal Seat of Honble Madras High Court. For Petitioner :

Mr.V.Meenakshisundaram (in all W.Ps) for Mr.D.Nallathambi For Respondents :

Mr.B.Jameel Arasu (in all W.Ps) Standing Counsel C O M M O N O R D E R Since the issue involved in all these writ petitions is one and the same, they have been clubbed together and are being disposed of by this common order.

2. Mr.Jameel Arasu, learned standing counsel, takes notice for the respondents.

3. By consent of both parties, these writ petitions are taken up for final disposal at the stage of admission itself.

4. It is the grievance of the petitioners that their representations dated 26.06.2018 seeking to consider their grievance, with regard to collection of license fee for the Bar, based on the order, dated 19.06.2018, made in W.P.Nos.14220 to 14226 and 14670 to 14678 of 2018, by the Principal Bench of this Court, have not been considered by the respondents till date and therefore, they have filed the present writ petitions.

5. This Court has not expressed any of its view with regard to the merits of the representations made by the petitioners. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioners' representations within a stipulated time.

6. In view of the limited prayer sought for in these writ petitions, there shall be a direction to the third respondent to consider the petitioners' representations, dated 26.06.2018, in the light of the order dated 19.06.2018, made in W.P.Nos.14220 to 14226 and 14670 to 14678 of 2018, by the Principal Bench of this Court. Such an exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

7. With the above directions, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-II) To +1cc to M/S.D.Nallathambi, Advocate SR.No. 71465 +1cc to M/S.B.Jameel Arasu, Advocate SR.No. 71489 W.P.(MD) Nos.14431, 14432, 14433, 14434 & 14435 of 2018 krk JM/SKN RSK/SAR 2/01.08.2018/3P/3C