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Madras High CourtWP(MD)/11637/2022dismissed

Selvaraj v. The District Collector

2022-06-14Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice S.Ananthi (Retd.)5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD) No.11637 of 2022 and W.M.P.(MD) No.8221 of 2022 Selvaraj ....Petitioner Vs.

1.The District Collector, Kanyakumari District, at Nagercoil.

2.The District Manager, TASMAC, Kanyakumari District, at Nagercoil.

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3.The Tahsildar, Vilavancode Taluk, Kanyakumari District.

4.The Executive Officer, Kadayal Town Panchayat, Kadayal, Kanyakumari District.

....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, forbearing the respondents from opening the TASMAC shop in Survey No.725/2A1E, Ponkinkalai, Kadayal Village, Vilavancode Taluk, Kanyakumari District or any other place under the limit of 12th Ward of Kadayal Town Panchayat based on petitioner's representation dated 30.05.2022. For Petitioner : Mr.T.Lenin Kumar For R1 & R3 : Mr.SRA.Ramachandran, Additional Government Pleader For R2 : Mr.Jameel Arasu For R4 : Mr.P.Thilak Kumar, Government Pleader 2/5

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] Alleging that the respondents are intending to open a TASMAC shop in Survey No.725/2A1E in Ponkinkalai, Kadayal Village, Vilavancode Taluk, Kanyakumari District, this present Public Interest Litigation has been filed for a direction to the respondents not to open the shop.

2. At the time of admission, Mr.Jameel Arasu, learned counsel appearing for the second respondent represented that as of now there is no proposal for opening such a shop as alleged by the petitioner.

3. Thus, we find that this petition appears to be premature and hence, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [P.N.P.,J.] & [S.A.I.,J.] 14.06.2022 Index : Yes/No Internet : Yes/No RM 3/5

To 1.The District Collector, Kanyakumari District, at Nagercoil.

2.The District Manager, TASMAC, Kanyakumari District, at Nagercoil.

3.The Tahsildar, Vilavancode Taluk, Kanyakumari District.

4.The Executive Officer, Kadayal Town Panchayat, Kadayal, Kanyakumari District.

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P.N.PRAKASH, J.

and S.ANANTHI, J.

RM ORDER MADE IN 14.06.2022 5/5