Madras High CourtWP(MD)/20554/2019dismissed

C. Kannan v. The District Collector

2019-09-24Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

W.P.(MD).No.20554 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI W.P.(MD).No.20554 of 2019 C.Kannan ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Manager(TASMAC) District Managers Officer, Sulakkarai, Virudhunagar.

... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the TASMAC shop No.12026 situated in Ramasamyapuram Village, Watrap, Virudhunagar District by considering the petitioner's representation dated 31.08.2019 within a period that may be stipulated by this Court.

For Petitioner : Mr.M.Jerin Mathew For R1 : Mr.M.Murugan Government Advocate For R2 : Mr.H.Arumugam Standing Counsel for TASMAC

ORDER

(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.M.Jerin Mathew, learned counsel appearing for the petitioner, Mr.M.Murugan, learned Government Advocate appearing for the first respondent and Mr.H.Arumugam, learned Standing Counsel appearing for the second respondent.

2.By consent of either side, this writ petition is taken up for disposal.

3.The petitioner has filed this writ petition as public interest litigation stating that the TASMAC Shop bearing No.12026 situated in Ramasamyapuram Village, Watrap, Virudhunagar District, has to be removed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.20554 of 2019 4.On a reading of the representation given by the petitioner as well as the averments stated in the affidavit filed in support of this writ petition, we find that it is not a public interest litigation, but there is a personal interest of the petitioner, which is involved in the matter. Therefore, at the instance of the petitioner, we cannot issue any direction to shift the shop. 4.However, it goes without saying that if there is any violation committed by the shop Supervisor or the Employees, then the second respondent should take appropriate action. However, we do not issue any direction for closure of the shop. 5.With the above observation, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Manager(TASMAC) District Managers Officer, Sulakkarai, Virudhunagar.

+1 CC to Mr.H.ARUMUGAM, Advocate ( SR-89155[F] dated 25/09/2019 ) +1 CC to Spl.GP ( SR-89378[F] dated 25/09/2019 ) W.P.(MD).No.20554 of 2019 24.09.2019 NS MK (09.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2