Raja Boopathy.D v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI D.Raja Boopathy ... Petitioner Vs.

1.The Secretary, Government of Tamil Nadu, Food, Civil Supplies & Consumer Protection Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Viruthunagar District, Viruthunagar.

3.The District Supply & Consumer Protection Officer, Collector Office Campus, Viruthunagar District.

4.The Taluk Supply Officer, Rajapalayam Taluk Supply Office, Rajapalayam, Viruthunagar District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to open ration shop at Panchampatti Village, Rajapalayam Taluk, Virudhunagar District and dispose of the representation dated 30.04.2021 sent by the petitioner within the time limit that may be stipulated by this Court.

For Petitioner : Mrs.M.Shobana For Respondents 1 to 4 : Mr.A.K.Manickam Standing Counsel for Government

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, the Writ Petition itself is taken up for final disposal.

2.Heard Mrs.M.Shobana, learned Counsel appearing for the petitioner and Mr.A.K.Manickam, learned Standing Counsel for Government appearing for the respondents 1 to 4. 1/3

3.The petitioner, by way of this Public Interest Litigation wants a ration shop to be opened in Panchampatti Village, Rajapalayam Taluk, Virudhunagar District.

4.Unless and until the number of card holders in a particular village as per the norms fixed by the Government / Civil Supplies Corporation is fulfilled, a new ration shop will not be opened. 5.The learned Government Counsel appearing for the official respondents, on instructions submitted that there are only 90 card holders in the said village and the distance between the village and the present ration shop where the card holders are attached is 11⁄2 km.

6.Therefore, at this juncture, we cannot compel the respondents to open a new ration shop in the petitioner's village. However, if there are more number of card holders, we give liberty to the petitioner to approach the concerned authorities by way of a fresh representation.

7.Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) MR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Secretary, Government of Tamil Nadu, Food, Civil Supplies & Consumer Protection Department, Fort St. George, Chennai - 600 009.

2.The District Collector, Viruthunagar District, Viruthunagar.

2/3

3.The District Supply & Consumer Protection Officer, Collector Office Campus, Viruthunagar District.

4.The Taluk Supply Officer, Rajapalayam Taluk Supply Office, Rajapalayam, Viruthunagar District.

+1 CC to M/s.SPL GP ( SR-20758[F] dated 30/06/2021 ) 29.06.2021 KB(06.07.2021) 3P 6C 3/3