Madras High CourtWP(MD)/7049/2017disposed of

R.Dharmarajan v. The Senior Regional Manager

2017-07-12Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.7049 of 2017 and W.M.P(MD)No.5568 of 2017 R.Dharmarajan .. Petitioner Vs.

1.The Senior Regional Manager, The Tamil Nadu State Marketing Corporation Ltd (TASMAC), Trichy Region, No.19, Gandhi Nagar, Pon Nagar, Trichy.

2.The District Collector, Collectorate, Trichy.

3.The District Manager, Tamil Nadu State Marketing, Corporation Ltd (TASMAC), Trichy.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to remove TASMAC Shop No.10550 from Peramangalam to Musiri Road, at Peramangalam Village of Musiri Taluk of Trichy District in the land belong to Thirugnanam, Son of Rangaraj based on the petitioner's representation dated 15.04.2017. For petitioner : Mr.S.Karthik Subramanian For R2 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For R1 & R3 : Mr.M.Muniasamy

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the District Collector, Tamil Nadu State Marketing Corporation Limited https://hcservices.ecourts.gov.in/hcservices/

(TASMAC), to re-locate the shop No.10550 from the present location.

2.The counter affidavit filed by the District Manager, TASMAC Ltd., Trichy District indicates that the shop was located at a place beyond the prohibited place.

3.Since the petitioner has taken up a contention that the shop in question is situated near an Educational Institution, we direct the District Collector, Trichy to conduct an enquiry by deputing the Tahsildar. The Tahsildar shall prepare a sketch of the property in question and submit it to the District Collector and thereafter, the District Collector is directed to dispose of the representation submitted by the petitioner, dated 15.04.2017 on merits and as per law, after giving him an opportunity of hearing.

4.The writ petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To:

1.The Senior Regional Manager, The Tamil Nadu State Marketing Corporation Ltd (TASMAC), Trichy Region, No.19, Gandhi Nagar, Pon Nagar, Trichy.

2.The District Collector, Collectorate, Trichy.

3.The District Manager, Tamil Nadu State Marketing, Corporation Ltd (TASMAC), Trichy.

+One cc to The Special Government Pleader, SR.No.65593 rj2/psd/tsg RL/5C/2P/KK/SAR1/25/7/2017 ORDER MADE IN W.P(MD)No.7049 of 2017 and W.M.P(MD)No.5568 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 12.07.2017