D.Senthil, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2020

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM D.Senthil ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Circle Revenue Officer, Thiruvidaimaruthur taluk, Thanjavur District.

3. The President/Secretary, Primary Agricultural Cooperative Society, S.Pudur, Thiruvidaimaruthur Taluk, Thanjavur District.

4. The Deputy Registrar, Primary Agricultural Cooperative Society, Kumbakonam, Thanjavur District.

5. The President, Melaiyur Panchayat, Thiruvidaimaruthur Taluk, Thanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direct the respondents to open Part Time Ration Shop at Vadakarai village, Thiruvidaimaruthur Taluk, Thanjavur District, based on the representation dated 13.08.2020.

For Petitioner : M/s. S.Prabha For Respondents : Mr. K.P.Krishnadoss, Special Government Pleader * * * * * 1/3

O R D E R

[Order of the Court was made by M.SATHYANARAYANAN, J.] This Writ petitioner is a resident of Vadakari village, Thiruvidaimaruthur Taluk, Thanjavur District and came forward to file this Writ petition in the style of Public Interest Litigation, stating among other things, there are 350 agricultural families residing in the said village and solely depending upon the income generated out of the agricultural operation.

2. The learned Counsel appearing for the Writ petitioner would submit that out of 350 families, 252 family card holders are directed to get their ration articles/essential commodities at Thirunelakudi village, which is three kilo metres away and 27 family card holders are directed to get their ration/essential commodities at Melaiyur village, which is two kilo metres away and the rest of 32 family card holders are directed to get their ration/essential commodities at Thirumalairajapuram, which is three kilo metres away from the village and since, the residents of the same village are directed to get their essential commodities from three different places, which is also far away and that in the light of the lock down/restricting measures imposed, on account of the onset and spread of COVID-19 pandemic virus, they are extremely find difficult to get the essential articles and therefore, prayed for opening of the part-time fair price shop in the village itself, so that, the problem could be solved temporarily.

3. The learned Counsel appearing for the Writ petitioner would submit that his representation dated 13.08.2020, passed in this regard did not invoke any kind of response and also invited the attention of this Court to the resolution passed by the fifth respondent/Local Body in their favour and prays for appropriate orders.

4. Mr.K.P.Krishnadoss, learned Special Government Pleader, accepts notice on behalf of the respondents.

5. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances, without going into the merits of the claim projected by the petitioner either in his representation dated 13.08.2020 or in this writ petition, directs the first respondent to put on notice the fifth respondent, thereafter, pass an appropriate orders on the representation submitted by the Writ petitioner dated 13.08.2020, on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. Communicate the decision taken to the Writ petitioner as well as to the fifth respondent.

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6. This Writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) pkn Note: In view of the present lock down owing to COVID19 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 District Collector, Thanjavur District, Thanjavur.

2.The Circle Revenue Officer, Thiruvidaimaruthur taluk, Thanjavur District.

3. The President/Secretary, Primary Agricultural Cooperative Society, S.Pudur, Thiruvidaimaruthur Taluk, Thanjavur District.

4. The Deputy Registrar, Primary Agricultural Cooperative Society, Kumbakonam, Thanjavur District.

5. The President, Melaiyur Panchayat, Thiruvidaimaruthur Taluk, Thanjavur District.

+1 CC to M/s.SPECIAL GP ( SR-16215[F] dated 08/09/2020 ) 07.09.2020 NR (16.09.2020) 3P 7C 3/3