G.Jayakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN and THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.9019 of 2017 and W.M.P(MD).6890 of 2017 G.Jayakumar ... Petitioner vs.

1. The District Collector,

2. The District Manager, Tasmac Limited,

3. The Inspector of Police, Vilathikulam Police Station, Thuthukudi, Thuthukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from establishing or re-locating the Tasmac shops in Mettupatti, Chiththavanayakkanpatty, Vilathikulam Taluk, Thuthukudi District or its adjoin area of the said village. For Petitioner : Mr.K.Balu For Respondents : Mr.B.Pugalendhi, Addl. Advocate General, Asst. by Mr.T.R.Janarthanam, Addl. Govt.Pleader for R1 & R3.

Mr.Muniasamy for R2.

O R D E R

(Order of the Court was made by M.V.MURALIDARAN, J.) This Writ Petition has been filed for issuance of a Writ of Mandamus forbearing the respondents from establishing or relocating the Tasmac shops in Mettupatti, Chiththavanayakkanpatty, Vilathikulam Taluk, Thuthukudi District or its adjoin area of the said village.

2.Heard Mr.K.Balu learned counsel appearing for the petitioner, Mr.B.Pugalendhi, learned Additional Advocate General appearing for R1 and R3 and Mr.Muniasamy, learned Standing Counsel appearing for the Second respondent.

3.After some arguments, the learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner dated 17.04.2017 is disposed of in the light of the order made in W.P.No.12152 of 2017 etc., batch dated 06.05.2017 passed by the Principal Bench of this Court, on merits and in accordance with law, within a time frame to be fixed by this Court.

4.In view of the limited scope of the prayer, without going into the merits of the matter, the first respondent is directed to consider the representation of the petitioner, dated 17.04.2017 and pass appropriate orders in the light of the order made in W.P.No.12152 of 2017 etc., batch dated 06.05.2017 passed by the Principal Bench of this Court, on merits and in accordance with law, after giving notice to the 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, the 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.The District Collector,

2. The District Manager, Tasmac Limited,

3. The Inspector of Police, Vilathikulam Police Station, Thuthukudi, Thuthukudi District.

+1cc to Spl.Government Pleader Sr.No.57646 +1cc to Mr.P.Arun Jayatram, Advocate Sr.No.57262 SKN VB/JC/SAR2/12.06.2017/3P/6C W.P(MD)No.9019 of 2017 and W.M.P(MD).6890 of 2017 24.05.2017