Annai Sandhiya Self-Helf Group, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Annai Sandhiya Self-Help Group, rep. By its Co-ordinator, Panchavarnam, No.4733, Thendral Nagar, Villapuram Housing Board, Madurai-625 011. ... Petitioner Vs 1.The District Collector, Madurai District, Madurai -625 020.
2.The Tahsildar, Madurai West Taluk, Theni Main Road, Virattipathu, Madurai-625 016.
3.The Revenue Inspector, Office of the Tahsildar, Madurai West Taluk, Madurai-625 016.
4.The District Supply Officer, Collectorate Building, Madurai-625 020. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records 1/6
in pursuant to the impugned order in Na.Ka.No.21440/2016/Ku-Po1, dated 02.11.2016, passed by the first respondent and to quash the same as illegal and consequently, directing the first respondent to allot a Fair-price shop towards the petitioner/Self-Help Group namely, "Annai Sandhiya Mahalir Suya Uthavi Kuzhu" within a stipulated time that may be fixed by this Court. For Petitioner : Mr.P.Saravanakumar For Respondent : Mr.S.Shanmugavel Additional Government Pleader
ORDER
This writ petition is filed for Writ of Certiorarified Mandamus, to quash the impugned order passed in Na.Ka.No.21440/2016/Ku-Po1, dated 02.11.2016, by the first respondent and consequently, direct the first respondent to allot a Fairprice shop to the petitioner/Self-Help Group namely, "Annai Sandhiya Mahalir Suya Uthavi Kuzhu"
2.The brief facts, as stated in the writ petition, are that the petitioner/ SelfHelp Group was allotted a ration shop in the year 2007. Subsequently, there were several allegations and proceedings were initiated against the petitioner/ SelfHelp Group. In fact, there were two criminal cases registered. The respondent has passed the impugned order by citing the pending criminal case. The contention of the petitioner is that all criminal cases were ended in acquittal. The respondent 2/6
passed an order without considering the same. The further contention of the petitioner is that the respondent has passed the impugned order without issuing notice to the petitioner. Had the notice been issued the fact of acquittal would have been brought to the knowledge of the respondent. Since the petitioner was acquitted from the criminal case, the petitioner is entitled for grant of Fair Price Shop.
3.The learned Additional Government Pleader appearing for the respondents submitted that there is no such self-help group in Madurai. For which, they relied on the report of Joint Director of IFAD. In the report, it is stated that the present self-help group is not functioning. Further, the respondent stated that there are several allegations against the petitioner/self-help group. Also based on the several allegations, enquiries were conducted against the petitioner/selfhelp group. Therefore the respondent declined to consider the petitioner's request. 4.After hearing the rival submissions, it is seen that the criminal cases and the other litigations were ended and there is no impediment to reconsider the petitioner's claim. As far as the report of Joint Director of IFAD is concerned, the copy of the report was not served to the petitioner. The petitioner submitted that they are still a running concern. It is a registered self-help group and the transactions are being maintained by the self-help group. 3/6
5.However, this Court is of the considered opinion that the factual matters ought to be scrutinized and an opportunity should be given to the petitioner to establish whether it is dormant or a functioning self-help group. Hence, the impugned order is liable to be set aside.
6.Accordingly, this writ petition is allowed. The impugned order passed in Na.Ka.No.21440/2016/Ku-Po1, dated 02.11.2016, by the first respondent is hereby quashed. The first respondent is directed to reconsider the petitioner's request in accordance with law. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. No costs. 07.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg 4/6
To 1.The District Collector, Madurai District, Madurai -625 020.
2.The Tahsildar, Madurai West Taluk, Theni Main Road, Virattipathu, Madurai-625 016.
3.The Revenue Inspector, Office of the Tahsildar, Madurai West Taluk, Madurai-625 016.
4.The District Supply Officer, Collectorate Building, Madurai-625 020.
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S.SRIMATHY , J.
Vsg ORDER MADE IN DATED : 07.07.2025 6/6