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Madras High CourtWP(MD)/17977/2023disposed of

Shunmugaraja.N v. The District Collector

2023-07-26Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY N.Shunmugaraja ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The District Manager, TASMAC Limited, Sivagangai.

3.The Supervisor, TASMAC Limited (Shop No.7583), Thirumanavayal, Sivagangai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to execute the order passed by the second respondent vide Na.Ka.No.A2/73/2022 dated 21.01.2022 and consequently remove the TASMAC Shop on the basis of petitioner's representation dated 26.06.2023 within the time frame stipulated by this Court. 1/4

For Petitioner : Mr.A.B.Jeeva For R-1 : Mr.A.K.Manikkam, Special Government Pleader.

For R-2 and R-3 : Mr.H.Arumugam, Standing Counsel.

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

2. This Writ Petition is filed for Mandamus, directing the third respondent to execute the order passed by the second respondent vide Na.Ka.No.A2/73/ 2022 dated 21.01.2022 and consequently remove the TASMAC Shop on the basis of petitioner's representation dated 26.06.2023.

3. The petitioner has rented out his premises for TASMAC shop. However, subsequently he decided to sell the property for his own needs. Therefore, he instructed the third respondent to vacate the premises. When the petitioner approached the second respondent, he has accepted the proposal of the petitioner and sought permission from the first respondent. The proposal also stated to select an alternative location for the said shop as well. But the proposal is pending with the first respondent for more than one year. 2/4

4. Therefore, this Court directs the first respondent to consider the proposal and vacate the premises within four (4) months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

26.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The District Collector, Sivagangai District, Sivagangai.

2.The District Manager, TASMAC Limited, Sivagangai.

3.The Supervisor, TASMAC Limited (Shop No.7583), Thirumanavayal, Sivagangai.

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S.SRIMATHY, J.

Nsr 26.07.2023 4/4