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Madras High CourtWP(MD)/21162/2025disposed of

Sivaji v. The District Collector

2025-08-04Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Sivaji ... Petitioner /vs./ 1.The District Collector, Office of the Collectorate Office, Thanjavur District.

2.The Tamilnadu State Marketing Corporation Ltd., (TASMAC), rep by its Regional Manager (TASMAC), No.50/57, TANSIDCO Complex, Nanjikottai Road, Thanjavur District.

3.The Inspector of Police, Town Police Station, Pattukkottai, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to remove the TASMAC Shop located nearer to commercial building of the petitioner based 1/5

on the representation dated 18.04.2025 within a stipulated time frame fixed by this Court.

For Petitioner : Mr.M.Viji For R1 : Mr.D.Ghandiraj Special Government Pleader For R2 : Mr.H.Arumugam standing counsel For R3 : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

ORDER

Mr.D.Ghandiraj, learned Special Government Pleader takes notice for the first respondent, Mr.H.Arumugam, learned standing counsel takes notice for the second respondent and Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.side) takes notice for the third respondent. 2.The petitioner, an octogenarian, has approached this Court for a Mandamus to direct the respondents 1 and 2 to remove the TASMAC shop located near to the commercial building of the petitioner, based on the representation dated 18.04.2025.

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3.The learned Special Government Pleader for the first respondent would submit that the said TASMAC shop has been in existence from 20.02.2023, pursuant to the order of the District Collector dated 12.09.2022 and that the petitioner has put up a complex only subsequently. 4.Having considered the submissions made by the learned counsel for the petitioner, learned Special Government Pleader for the first respondent, learned standing counsel for the second respondent and the learned Government Advocate (Crl.side) for the third respondent, I am of the view that the petitioner's concern deserves to be addressed by the respondents 1 and 2 afresh. 5.Considering the same, there shall be a direction to the first respondent/the District Collector, Thanjavur District, to review the order passed on 20.02.2023, in the light of the representation, dated 18.04.2025, of the petitioner as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a fresh representation to be submitted by the petitioner with the first respondent.

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6.With the aforesaid directions, the Writ Petition stands disposed of. No costs.

Index : Yes / No 04.08.2025 Internet : Yes / No mm To 1.The District Collector, Office of the Collectorate Office, Thanjavur District.

2.The Inspector of Police, Town Police Station, Pattukkottai, Thanjavur District.

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C.SARAVANAN, J.

mm 04.08.2025 5/5