P.Inbaraj v. The District Collector

W.P.(MD)No.12261 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12261 of 2020 and W.M.P.(MD)Nos.10519, 10520 and 10521 of 2020 P.Inbaraj ... Petitioner Vs.

1.The District Collector, Dindigul District,Dindigul.

2.The Project Director, Tamilnadu State Rural Livelihood Mission, (TNSRLM) Dindigul,Dindigul.

3.The General Manager, Dindigul District Cooperative Milk Producers Union Ltd., Dindigul.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order issued by the 3rd respondent dated 12.05.2020 in proceedings Na.Ka.No.1137/sale/2020 and 09.09.2020 in proceedings in Na.Ka.No.1137/sale/2020 and quash the same as illegal and consequently directing the respondents to extend the lease period and to consider the petitioner's request for the license of the year 2020-2021 in respect of the Shop Nos.1 and 3 situated at the District Collector Office Complex, Dindigul on the basis of the representation of the petitioner dated 08.09.2020. For Petitioner :

Mr.Ramasundarvijayraj For Respondents :

Mr.S.Angappan, Government Advocate for R1 & R2 Mr.E.Marees Kumar for R3

O R D E R

Heard the learned counsel appearing for the writ petitioner, the learned Government Advocate appearing for the firs and second respondents and the learned standing counsel appearing for the third respondent.

2.The petitioner was granted license to vend aavin milk products in the campus of District Collectorate, Dindigul District. The petitioner challenges the impugned order dated 09.09.2020, calling upon him to vacate and hand over the premises. 3.The learned counsel for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition.

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W.P.(MD)No.12261 of 2020 4.As rightly pointed out by the learned standing counsel for the third respondent, the petitioner's license had already expired on 14.05.2020 itself. As on date, the petitioner has not been issued with any license. The further contention of the learned standing counsel is that the site was originally allotted by the Collectorate only for women self help group. Since the petitioner will not fall within the said category but some how he was allotted the said site, the District Collector, Dindigul have been sending communication after communication to the third respondent. 5.Since the petitioner's license had already expired, it is for the third respondent to consider the petitioner's request for extension of license. It is not for the Writ Court to pass any positive direction in the matter. Since the petitioner's license period is over and since the site in question was allotted only for women self help group, I am not in a position to grant any relief to the petitioner herein.

6.The writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) ias 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, Dindigul District,Dindigul.

2.The Project Director, Tamilnadu State Rural Livelihood Mission, (TNSRLM) Dindigul,Dindigul.

3.The General Manager, Dindigul District Cooperative Milk Producers Union Ltd.,Dindigul.

+1 CC to M/s.GP ( SR-17864[F] dated 23/09/2020 ) W.P.(MD)No.12261 of 2020 22.09.2020 SCR(CO) AP(06/10/2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2