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Madras High CourtWP(MD)/16716/2024disposed of

Ettieswaran v. The Managing Director

2024-07-24Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice G.Arul Murugan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and W.M.P(MD)No.14464 of 2024 Ettieswaran ... Petitioner vs.

1.The Managing Director, TASMAC Limited, 4th Floor, CMDA Tower - II, Egmore, Chennai - 600 008.

2.The District Collector, Dindigul District.

3.The District Manager, TASMAC Limited, Mullipadi, Trichy Road, Dindigul - 624 005.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents not to establish any TASMAC shop at Gounder Iteri Road, Palani by considering the written objections of the general public, dated 05.07.2024 in the form of representation within a time frame.

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For Petitioner : Mr.D.Venkatesh For Respondents : Mr.H.Arumugam Standing Counsel for R.1 & R.3 : Mr.P.Thilak Kumar Government Pleader for R.2

ORDER

(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for herein is for a Writ of Mandamus, to direct the respondents not to establish any TASMAC shop at Gounder Iteri Road, Palani by considering the written objections of the general public, dated 05.07.2024 in the form of representation within a time frame. 2.Today, when the case is taken up for hearing at the admission stage, Mr.H.Arumugam, learned standing counsel appearing for the respondents 1 and 3 TASMAC as well as Mr.P.Thilak Kumar, learned Government Pleader appearing for the second respondent submitted that as of now there has been no proposal for the TASMAC to locate any TASMAC retail vending shop in the particular area or street. To that extent, the third respondent has given written instructions to the learned standing counsel for the TASMAC on 24.07.2024, where inter alia, he has stated the following:

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3.In view of the said stand taken by the respondents as there has been no proposal as of now to locate the TASMAC shop, the prayer sought for in this Writ Petition since is a pre-mature one at this stage, recording the aforestated, this Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[R.S.K.,J.] [G.A.M.,J.] 24.07.2024 NCC : Yes / No Index : Yes / No ps 3/5

To 1.The Managing Director, TASMAC Limited, 4th Floor, CMDA Tower - II, Egmore, Chennai - 600 008.

2.The District Collector, Dindigul District.

3.The District Manager, TASMAC Limited, Mullipadi, Trichy Road, Dindigul - 624 005.

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R.SURESH KUMAR ,J.

and G.ARUL MURUGAN,J.

ps ORDER MADE IN DATED : 24.07.2024 5/5