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Madras High CourtWP(MD)/9047/2017disposed of

Kailash Nagar Kudiyiruppor v. The District Collector,

2017-05-24Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice M.V. Muralidaran3 pages

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.9047 of 2017 and W.M.P(MD).6910 of 2017 Kailash Nagar Kudiyiruppor Nalasangam, Rep.by its President R.Steepan Francis Xavier, S/o Rayappan No.10, Kailash Nagar, Poovalur Road, Siruthaiyur, Lalkudi Taluk, Trichy District - 621 601.

... Petitioner vs.

1. The District Collector, Trichy.

2. The Superintendent of Police, Trichy.

3. The District Manager, TASMAC, Trichy.

4. The Tahsildar, Lalkudi Taluk, Trichy District.

5. The Executive Officer, Lalkudi Town Panchayat, Lalkudi Post & Taluk, Trichy District.

6. The Inspector of Police, Lalkudi Police Station, Lalkudi Post & Taluk, Trichy 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 to establish a TASMAC shop and bar adjacent to hallow block industry situated in Kailash Nagar, Poovalur Road, Siruthaiyur, Lalkudi Taluk, Trichy District.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.B.Pugalendhi, Addl. Advocate General, Asst. by Mr.T.R.Janarthanam, Addl.Govt.Pleader for R1,R2,R4 to R6.

Mr.Muniasamy for R3.

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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 to establish a TASMAC shop and bar adjacent to hallow block industry situated in Kailash Nagar, Poovalur Road, Siruthaiyur, Lalkudi Taluk, Trichy District. 2.Heard Mr.P.Ganapathy Subramaniam, learned counsel appearing for the petitioner, Mr.B.Pugalendhi, learned Additional Advocate General appearing for R1, R2, R4 to R6 and Mr.Muniasamy, learned Standing Counsel appearing for the third respondent. 3.After some arguments, the learned counsel for the petitioner submitted that it would suffice if the representation of the petitioner's association dated 17.04.2017 is disposed of, 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 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, Trichy.

2. The Superintendent of Police, Trichy.

3. The District Manager, TASMAC, Trichy.

4. The Tahsildar, Lalkudi Taluk, Trichy District.

5. The Executive Officer, Lalkudi Town Panchayat, Lalkudi Post & Taluk, Trichy District.

6. The Inspector of Police, Lalkudi Police Station, Lalkudi Post & Taluk, Trichy District.

+1cc to Spl.Government Pleader Sr.No.57648 SKN VB/JC/SAR2/12.06.2017/3P/8C W.P(MD)No.9047 of 2017 and W.M.P(MD).6910 of 2017 24.05.2017