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Madras High CourtWP(MD)/2622/2017disposed of

S.Arasappan, v. The District Collector,

2017-02-16Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 16.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.2622 of 2017 S.Arasappan ..Petitioner Vs 1.The District Collector, Thanajvur.

2.The District Manager, TASMAC, Thanjavur.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to consider the representation dated 27.6.2016 of the Petitioner and forthwith shift the TASMAC Shop and bar situated exactly opposite to the Petitioner's hotel in MKM Road, Thanjavur to any other place.

For Petitioner :M/s.AL.Ganthimathi For Respondent-1 :Mr.A.Muthukaruppan Addl.Govt.Pleader For Respondent-2 : Mr.M.Muniasamy

ORDER

The Petitioner seeks for a direction to the the respondent to consider the representation, dated 27.6.2016 of the Petitioner and forthwith shift the TASMAC Shop and bar situated exactly opposite to the Petitioner's hotel in MKM Road, Thanjavur to any other place.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the first respondent and Mr.M.Muniasamy, learned counsel for the second respondent.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.Being aggrieved against the location of TASMAC shop and bar situated just opposite to the Petitioner's hotel, he made representation on 27.6.2016 to the respondents for shifting the https://hcservices.ecourts.gov.in/hcservices/

TASMAC shop.

5It is the grievance of the Petitioner that the said representation has not been considered so far. Needless to say that it is for the first respondent to consider the representation of the Petitioner and to pass orders on the same on merits and in accordance with law. Hence this Writ Petition. 6.Considering the limited scope of the prayer sought for and without expressing any view on the merits of the claim made by the Petitioner, I only direct the first respondent to consider the representation of the Petitioner, dated 27.06.2016 and pass orders on the same, on merits and in accordance with law, also by hearing other rival parties, if any, within a period of four weeks from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Thanajvur.

2.The District Manager, TASMAC, Thanjavur.

+1cc to SPECIAL GOVERNMENT PLEADER in SR. No.8973 +1cc to M/s. GANTHIMATHI Advocate in SR. No.8815 VSN JS/BS/22.02.2017/2P-5C W.P(MD)No.2622of 2017 16.02.2017 https://hcservices.ecourts.gov.in/hcservices/