Madras High CourtWP(MD)/12649/2017disposed of

Mr.N.Thangaraj@ v. District Collector,

2017-07-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12649 of 2017 and W.M.P.(MD)No.9755 of 2017 N.Thangaraj @ Santhana Krishnan, ...Petitioner Vs.

1.District Collector, Dindigul District, Dindigul.

2.District Manager, TASMAC, Mullipadi Village, Trichy Road, Dindigul. ...Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents either from relocating shop No.3177 of TASMAC liquor retail vending outlet or establishing a TASMAC liquor retail vending outlet at S.No.558/2 of Oddanchathram Village, Dindigul District.

For Petitioner : Mr.S.Anand Chandrasekar For 1st Respondent :Mr.G.Muthukannan Government Advocate For 2nd Respondent :Mr.Muniasamy

O R D E R

The writ petition has been filed seeking for a Writ of Mandamus forbearing the respondents either from relocating shop No.3177 of TASMAC liquor retail vending outlet or establishing a TASMAC liquor retail vending outlet at S.No.558/2 of Oddanchathram Village, Dindigul District.

2. Mr.Muthukannan, learned Government Advocate takes notice for the first respondent and Mr.Muniasamy, learned Standing Counsel takes notice for the second respondent. By consent, this Writ Petition itself is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that the petitioner owns and possesses agricultural lands in S.No.541/14B1, 558/1, 558/4, 559/1A, 559/2A, 541/4A etc at Oddanchathram village. The respondents are trying to relocate shop No.3177 of TASMAC liquor https://hcservices.ecourts.gov.in/hcservices/

retail vending outlet at S.No.558/2 of Oddanchathram Village, Dindigul District. The petitioner's lands in S.No.558/1 and 558/4 are located to the north and west of S.No.558/2. Therefore, the petitioner sent representations dated 11.05.2017 and 16.06.2017 to the respondents raising his objection. Since no action has been taken, the present writ petition has been filed.

4. The learned counsel appearing for the petitioner would submit that it would suffice, if the representations of the petitioner are disposed of, by the first respondent, on merits and in accordance with law within the time stipulated by this Court.

5. The learned Government Advocate appearing for the first respondent would submit that the representations of the petitioner will be considered.

6. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the first respondent is directed to consider the representations of the petitioner dated 11.05.2017 and 16.06.2017 and pass appropriate orders on the same on merits and in accordance with law, after giving notice to the petitioner as well as interested parties, if any, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-III) / True Copy \ Sub Assistant Registrar To:

1.District Collector,Dindigul District,Dindigul. +1 CC TO THE SPECIAL GOVERNMENT PLEADER SR NO.64532 skn/vsg MAS/KP/SAR1:20.07.2017:2P-3C W.P.(MD)No.12649 of 2017 and W.M.P.(MD)No.9755 of 2017 10.07.2017 https://hcservices.ecourts.gov.in/hcservices/