Muthukumar.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)No.15634 of 2021 S.Muthukumar : Petitioner vs.

1.The District Collector, Office of the Collectorate, Sivagangai.

2.The District Manager, Tamil Nadu State Marketing Corporation(TASMAC), Pala Malai Nagar, Thondi Road, Sivagangai, Sivagangai District.

3.The Thasildar, Taluk Office, Ilayangudi, Sivagangai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein not to locate any new proposed TASMAC Shop in S.No:83/7, at Thayamangalam Village Panchayat, Ilayangudi Taluk, Sivagangai District in the petitioner's Village on the basis of the petitioner's representation, dated 25.09.2021. For Petitioner : Mr.V.Selva Kumar For Respondents : Mr.P.Thilak Kumar 1 and 3 Government Pleader For Respondent-2 : Mr.H.Arumugam Standing Counsel 1/3

O R D E R

[Order of the Court was made by M.DURAISWAMY.,J.] The petitioner has filed the above Writ Petition as a ''Public Interest Litigation'' to issue a Writ of Mandamus, directing the respondents not to locate any new proposed TASMAC Shop in S.No.83/7, at Thayamangalam Village Panchayat, Ilaiyangudi Taluk, Sivagangai District, in the petitioner's Village on the basis of the petitioner's representation, dated 25.09.2021. 2.When the Writ Petition is taken up for hearing today, Mr.P.Thilakkumar, learned Government Pleader appearing for the respondents 1 and 3 and Mr.H.Arumugam, learned Standing Counsel appearing for the second respondent submitted that in respect of the very same Shop in S.No.83/7, one D.Kannan had filed a Writ Petition in W.P(MD)No.15795 of 2021 and the Division Bench of this Court by order, dated, 03.09.

2021, dismissed the Writ Petition. 3.Recording the submission made by the learned Standing Counsel appearing for the second respondent to the effect that there was no proposal to open a new TASMAC shop in S.No.83/7 and in view of the dismissal of the earlier Writ Petition, we are not inclined to entertain the present Writ Petition.

4.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsn/lr Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The District Collector, Office of the Collectorate, Sivagangai.

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2.The District Manager, Tamil Nadu State Marketing Corporation(TASMAC), Pala Malai Nagar, Thondi Road, Sivagangai, Sivagangai District.

3.The Thasildar, Taluk Office, Ilayangudi, Sivagangai District.

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-32327[F] dated 22/10/2021 ) +1 CC to M/s.SPL.GP ( SR-32247[F] dated 22/10/2021 ) and W.M.P(MD)No.15634 of 2021 21.10.2021 CM(CO) KB/PM (29.10.2021) 3P 6C 3/3