Mahalingam, S/O. Chinnaiah, v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI and WMP(MD)No.5254 of 2019 Mahalingam ... Petitioner Vs.

1.The Managing Director, TASMAC Ltd., 4th Floor, C.M.D.A Tower - II, Gandhi Irwin Bridge Road, Egmore, Chennai.

2.The District Collector, Pudukottai District, Pudukottai.

3.The Senior Regional Manager, TASMAC Ltd., Trichy Region, Trichy.

4.The District Manager, TASMAC Ltd., Pudukottai District, Pudukottai 5.Marimuthu 6.Solairaj ... Respondents PRAYER: This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to close down the TASMAC shop No.6654 situated in agricultural land comprised in Survey No.144/3, Alapiranthan Village, Aranthangi Taluk, Pudukkottai.

For Petitioner : Mr.T.Lenin Kumar 1/3

For Respondents : Mr.H.Arumugam (R1, R3 and R4) For Respondent-2 : Mr.A.K.Baskarapandian

O R D E R

(Order of this Court was made by T.S.SIVAGNANAM, J) We have heard Mr.T.Lenin Kumar, the learned counsel appearing for the petitioner, Mr.H.Arumugam, learned Standing Counsel for R1, R3 and R4 and Mr.A.K.Baskarapandian, learned Special Government Pleader, who accepts notices for R2.

2. The petitioner seeks for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to close down the TASMAC shop No.6654 situated in agricultural land, comprised in Survey No.144/3, Alapiranthan Village, Aranthangi Taluk, Pudukkottai.

3. The case of the petitioner is that the TASMAC retail vending shop and the bar, attached with in an open area amidst paddy fields. The petitioner has produced photographs to show that it is in an open air facility and in contravention of the Rules.

4. We direct the District Collector, Pudukottai District, to nominate an officer to conduct a surprise inspection and if there is any open air facility or if the shop or bar is run in a temporary structure, the same shall be locked and sealed forthwith and thereafter, steps be taken for cancellation of the permission to locate the shop in the said location. This direction be complied with within a period of one week from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) MPK 2/3

MPK To 1.The Managing Director, TASMAC Ltd., 4th Floor, C.M.D.A Tower - II, Gandhi Irwin Bridge Road, Egmore, Chennai.

2.The District Collector, Pudukottai District, Pudukottai.

3.The Senior Regional Manager, TASMAC Ltd., Trichy Region, trichy.

4.The District Manager, TASMAC Ltd., Pudukottai District, Pudukottai +1 cc Mr. T.LENIN KUMAR ,Advocate, SR.No. 97597 +1 cc Mr. H.ARUMUGAM ,Advocate, SR.No. 97607 +1cc to M/s.Special Government Pleader,SR.No. 97782 11.11.2019 KK/SAR/19.11.2019/3P-8C/ 3/3