Ramesh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI and W.M.P.(MD) Nos.13002 & 13003 of 2019 Ramesh ... Petitioner -vs1. The District Collector Theni District

2. The Assistant Commissioner Prohibition and Excise Department Collectorate, Theni

3. The District Manager Tamilnadu State Marketing Corporation (TASMAC) Karuvelanaickenpatti Theni District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent herein either shift or close the existing TASMAC Shop Nos.8516 and 8576 situated at Boothipuram Road, Palanichettipatti, Theni District, within the time stipulated by this Court. For Petitioner :

Mr.R.Suresh Kumar For Respondents :

Mr.A.K.Baskarapandian Special Government Pleader for R1 & R2 Mr.B.Jameel Arasu Standing Counsel for R3 1/3

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner, by way of this writ petition, has sought for closure of two TASMAC retail vending shops.

2. The Court, while considering the matter, had appointed Advocate Commissioners to inspect the shops and they are in the process of doing it, because a comprehensive order was passed for thirty shops.

3. Be that as it may, in this writ petition, the respondent TASMAC has filed the requisite details, including the copy of the approval granted by the District Collector. Copies of these communications and orders have been served on the learned counsel for the petitioner.

4. In the light of the above, we do not propose to issue any direction in this writ petition, because we are prima facie satisfied that there is no violation of the distance rules. Accordingly, the writ petition is closed. However, if the petitioner is of the opinion that there is any factual error in the distance or other issues, he can approach the District Collector by way of representation. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) To:

1. The District Collector, Theni District.

2. The Assistant Commissioner, Prohibition and Excise Department, Collectorate, Theni.

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+1 CC to SPECIAL GOVERNMENT PLEADER ( SR-90554[F] dated 30/09/2019) +1 CC to M/s.R. VENKATESWARAN, Advocate ( SR-90669[F] dated 01/10/2019 ) +1 CC to M/s.B. JAMEEL ARASU, Advocate ( SR-90750[F] dated 01/10/2019 ) and W.M.P.(MD) Nos.13002 & 13003 of 2019 27.09.2019 AE/ (15.10.2019) 3P 6C 3/3