Madras High CourtWP(MD)/12916/2017dismissed

K.Periyandavar v. The District Collector

2017-08-02Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.12916 of 2017 and WMP(MD) No.9991 of 2017 K.Periyandavar ... Petitioner vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Manager, TASMAC, Office of District Collectorate, Virudhunagar District, Virudhunagar.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to close TASMAC Shop No.11985 situated in L.Mettur Village, Vembakottai Taluk, Virudhunagar District.

For Petitioner : Mr.M.Sankar For Respondents : Mr.M.Govindan, Spl.GP for R1 Mr.M.Muniasamy for R2.

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J) The writ petitioner seeks a direction for closing TASMAC shop No.11985 situate in L.Mettur Village, Vembakottai Taluk, Virudhunagar District.

2.According to him, the location of the said shop is objectionable. But, no legal grounds have been made out in the affidavit filed in support of the writ petition. 3.It is for the writ petitioner to point out that educational institutions or places of religious worships are located within the prohibited distance.

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4.The District Manager, TASMAC Limited, Virudhunagar has filed counter affidavit stating that there is no violation of the statutory rules. We perused the photographs. It is seen that the shop is located near the graveyard. There is no human habitation around. Therefore, we see no ground to grant any relief in this writ petition.

5.The writ petition is dismissed accordingly. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Manager, TASMAC, Office of District Collectorate, Virudhunagar District, Virudhunagar.

+One cc to M/s.M.Sankar, Advocate, SR.No.69551 +One cc to The Special Government Pleader, SR.No.70283 Skm/Arul RL/5C/2P/KP/SAR1/23/8/2017 W.P(MD)No.12916 of 2017 02.08.2017 https://hcservices.ecourts.gov.in/hcservices/