Manitha Neya Makkal Katchi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)NO.21949 OF 2022 Manitha Neya Makkal katchi, represented by its District President, Sheik Abdullah.
:Petitioner .vs.
1.The District Collector, Office of the Collectorate Building, Ramanathapuram District.
2.The Managing Director, Tamil Nadu State Marketing Corporation Limited, Chennai.
3.The Regional Manager, Tamil Nadu State Marketing Corporation Limited, Ramanathapuram.
4.The Tahsildar, Office of the Tahsildar, Paramakudi, Ramanathapuram District.
5.Thangaraju (R5 impleaded as per order of this Court made in W.M.P(MD)No.16670 of 2022 in W.P(MD)No.21949 of 2022, dated 10.01.2023) : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/5
India, praying this Court to issue a Writ of Mandamus directing the respondents to shift the TASMAC No.6933 situated at Bagavath Singh Road,Mathavan Nagar Kudiyiruppu, Near Paramakudi Bus Stand, Paramakudi, Ramanathapuram District to some other place in the light of the Peace Committee Meeting Resolution, dated 15.3.2022 in Na.Ka.No.A2/25/2022, on the file of the fourth respondent by considering the Petitioner's representation, dated 01.12.2020 and 21.06.2021.
For Petitioner :Mr.D.S.Haroon Rasheed For Respondents :Mr.P.Thilak Kumar 1 and 4 Government Pleader For Respondents :Mr.S.Sivanesan 2 and 3 Standing Counsel For Respondent-5 :Mr.J.Barathan
O R D E R
********* (Order of the Court was made by D.KRISHNAKUMAR,J) This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the respondents to shift the TASMAC No.6933 situated at Bagavath Singh Road,Mathavan Nagar Kudiyiruppu, Near Paramakudi Bus Stand, Paramakudi, Ramanathapuram District to some other place in the light of the Peace Committee Meeting Resolution, dated 15.3.2022 in Na.Ka.No.A2/25/2022, on the file of the fourth respondent by considering the Petitioner's representation, 2/5
dated 01.12.2020 and 21.06.2021.
2.According to the Petitioner, as per the guidelines, the respondent/TASMAC Corporation cannot give permission to run the TASMAC shop in question in the aforesaid place. 3.This aspect has to be considered by the authorities concerned taking into consideration the locality in which the TASMAC Shop is situated and all the other surrounding aspects. 4.The learned counsel appearing for the fifth respondent made objections to the allegations made in the Writ Petition by the Petitioner.
5.Considering the above facts and circumstances, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the representation of the petitioner, dated 25.10.2021 taking into consideration the objections of the fifth respondent addressed to the first respondent and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, 3/5
within a period of eight weeks from the date of receipt of a copy of this order.
6.With the above direction, the Writ Petition stands disposed of. No costs.
[D.K.K.,J.] [R.V.,J.] 24.01.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The District Collector, Office of the Collectorate Building, Ramanathapuram District.
2.The Managing Director, Tamil Nadu State Marketing Corporation Limited, Chennai.
3.The Regional Manager, Tamil Nadu State Marketing Corporation Limited, Ramanathapuram.
4.The Tahsildar, Office of the Tahsildar, Paramakudi, Ramanathapuram District.
4/5
D.KRISHNAKUMAR, J.
AND R.VIJAYAKUMAR,J.
vsn 0RDER MADE IN W.P(MD)NO.21949 OF 2022 24.01.2023 5/5