Kalyani R v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Kalyani ... Petitioner versus

1. The Commissioner, Co-operative Milk Producer's Federation Limited, Madhavarm Milk Colony, Chennai - 600 051.

2. The General Manager, Thiruchirapalli Co-operative Milk Producer's Union Limited, Pudukottai Road, Kottapattu, Thiruchirapalli - 620 023.

3. The Tahsildar, Tahsildar Office, Thiruchirapalli.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1/5

respondents 1 to 3 to consider the petitioner's representation dated 12.06.2023 and consequently, direct the respondents 1 to 3 to grant permission to the petitioner for alloting an Aavin retail outlet within the premises of newly constructed bus stand, Panjapoor Village, Tiruchirappalli.

For Petitioner : Mr.S.Senthil Kumar For R2 : Mr.J.Devasenan, Standing Counsel For R3 : Mr.G.V.Vairam Santhosh, Additional Government Pleader

ORDER

The petitioner has submitted a representation dated 12.06.2023 to the respondents requesting them to allot an Aavin retail outlet within the premises of newly constructed bus stand at Panjapoor Village, Tiruchirappalli. Since the said representation has not been considered, the present writ petition has been filed.

2. The learned Standing Counsel appearing for the second respondent submits that the second respondent can give permission, if 2/5

the local authority permits the petitioner to have a Milk Vending Shop inside the newly constructed Bus Stand.

3. Considering the said submission, this Court is not inclined to issue a positive direction, in the absence of any permission granted by the local authority. The petitioner can approach the local authority and after obtaining necessary permission, can very well submit a fresh application before the respondents 1 and 2. In the event the petitioner submits a fresh application along with the permission from the local authority, the respondents 1 and 2 shall consider the case of the petitioner.

4. Accordingly, this writ petition is disposed of. No costs. 22.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

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To

1. The Commissioner, Co-operative Milk Producer's Federation Limited, Madhavarm Milk Colony, Chennai - 600 051.

2. The General Manager, Thiruchirapalli Co-operative Milk Producer's Union Limited, Pudukottai Road, Kottapattu, Thiruchirapalli - 620 023.

3. The Tahsildar, Tahsildar Office, Thiruchirapalli.

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B.PUGALENDHI, J.

ogy 22.08.2023 5/5