Madras High CourtWP(MD)/11702/2017allowed

P.Arulraj, v. The District Collector

2017-08-30Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.11702 of 2017 and W.M.P(MD)Nos.10230 and 13036 of 2017 P.Arulraj .. Petitioner Vs.

1.The District Collector, Pudukottai, Thoothukudi District.

2.The Managing Director, Tamil Nadu State Marketing, Corporation Ltd.,(TASMAC), Chennai.

3.The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

4.The District Manager, Tamil Nadu State Marketing, Corporation Ltd., (TASMAC), Thoothukudi, Thoothukudi District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to remove the TASMAC shop in S.No.294/5B, Pudukottai Village (Pudukottai to Kuttampuli main road), Thoothukudi District. For petitioner : Mr.R.J.Karthick For R1 & R3 : Mr.M.Govindan Special Government Pleader.

For R2 & R4 : Mr.B.Jameel Arasu for TASMAC For Petitioner in WMP(MD) No.10230/2017: Mr.P.M.Vishnuvarthanan Advocate Commissioner : Mr.L.Prabhu https://hcservices.ecourts.gov.in/hcservices/

O R D E R

[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner seeks removal of the TASMAC shop in S.No.294/5B, Pudukottai Village (Pudukottai to Kuttampuli main road), Thoothukudi District.

2.The writ petitioner alleges that the shop is located within a prohibited distance. In order to verify the said claim, this Court has appointed an Advocate Commissioner. The Advocate Commissioner filed after inspecting the property filed this report dated 31.07.2017 pointing out that church is located within 89 meters from the shop in question. This is a clear violation of the statutory provision.

3.This Court therefore directs the closure of the said TASMAC shop. The writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To:

1.The District Collector, Pudukottai, Thoothukudi District.

2.The Tahsildar, Thoothukudi Taluk, Thoothukudi District.

+One cc to Mr.R.J.Karthick, Advocate, SR.No.75572 psd/rmi RL/4C/2P/JC/SAR1/26/10/2017 ORDER MADE IN W.P.(MD)No.11702 of 2017 and W.M.P(MD)Nos.10230 and 13036 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 30.08.2017