Madras High CourtWP(MD)/14000/2019dismissed

S.S.Annadurai v. The Senior Regional Manager

2021-03-01Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

W.P.(MD)No.14000 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.14000 of 2019 (Through Video Conferencing) S.S.Annadurai : Petitioner Vs.

1.The Senior Regional Manager, TASMAC, Plot No.100 Anna Nagar, Madurai.

2.The District Collector Sivagangai District, Sivagangai.

3.The District Manager TASMAC Sivagangai District, Sivagangai.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to shift the TASMAC shop No.7517 from the petitioner's village viz., Thiruvallur Village, Ilayangudi Taluk, Sivagangai District by considering the petitioner's representation dated 07.03.2019 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.K.P.Krishnadoss for R2 Special Government Pleader Mr.H.Arumugam for R1 & R3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this writ petition seeking a direction to shift the TASMAC shop from the petitioner's village to any other village.

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W.P.(MD)No.14000 of 2019

2. Apart from no violation of distance rules, as could be seen from the counter affidavit filed by the respondents 1 and 3, we also find that there is another shop situated in the very same complex, for which, the petitioner did not raise any objection whatsoever.

3. Prima facie, this lends credence to the stand taken by the respondents 1 and 3, apart from the private respondent that the petitioner wants to take up the case of the owner of the building, with whom, the licensee is having a dispute. Thus, looking from any perspective, we do not find any merit in this writ petition. Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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 District Collector Sivagangai District, Sivagangai.

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate SR-8129[F] dated 02/03/2021 +1 CC to M/s.SPL GP ( SR-8148[F] dated 02/03/2021 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-8275[F] dated 02/03/2021 ) Order made in W.P.(MD)No.14000 of 2019 Dated: 01.03.2021 SVN(CO) TR(11.03.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2