Kumar, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.10512 of 2017 and W.M.P(MD).No.8021 of 2017 Kumar ... Petitioners vs.

1.The District Collector, Sivagangai, Sivagangai District.

2.The Deputy Collector / The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC), Sivagangai District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to consider the representation of the petitioner dated 24.05.2017 and pass appropriate orders for closure of the Tasmac Shop No.7682 in the relocated spots in Sainapuram, Puliyur Village, Sivagangai District.

For Petitioner : Mr.J.Anandakumar For Respondents : Mr.B.Pugalendhi, Addl. Advocate General.

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J) The petitioner in his affidavit filed in support of the writ petition and more particularly in Para.No.6 categorically stated that the TASMAC Shop is located very near to AKR Sourastra B.Ed College and ladies hostel.

2.The counter affidavit filed by the District Manager, TASMAC / second respondent, Sivaganga District does not contain any reference with respect to the existence of Educational institutions like B.Ed., College and ladies hostel. https://hcservices.ecourts.gov.in/hcservices/ 3.We direct the District Collector, Sivagangai to depute the jurisdictional Tahsildar to inspect the location in question and

submit a report along with a sketch. The sketch should indicate the educational institutions and the ladies hostel as well as the TASMAC Shop.

4.The District Collector is directed to consider the report and the sketch and thereafter dispose of the representation submitted by the petitioner dated 24 May 2017 on merits and as per law. It is needless to point out that opportunity of personal hearing should be given to the petitioner before the disposal of the representation. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

5.This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai, Sivagangai District.

2. The Deputy Collector / The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC), Sivagangai District.

+1 cc to Mr.J.Anandakumar , Advocate in SR.No. 65445 +1 cc to Special Government Pleader in SR.No.65758 Arul/skm AE/KP/SAR1/26.07.2017/2P/5C W.P(MD)No.10512 of 2017 and W.M.P(MD).No.8021 of 2017 13.07.2017 https://hcservices.ecourts.gov.in/hcservices/