Pannerselvam.M v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.22919 of 2022 M.Pannerselvam ... Petitioner -Vs1.The Home Secretary, Secretariat, Fort St.George, Chennai.

2.The District Collector, O/o.The District Collector, Trichy District, Trichy.

3.The Tahsildar, O/o. Tahsildar Office, Thuraiyur Taluk, Trichy District, Trichy.

4.The Block Development Officer, Thuraiyur Block, Trichy District.

5.The Manager, O/o. District TASMAC Office, Old Building, 1st Floor, DRO Room, Trichy.

6.Murugesan ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to cancel the licence of proposed TASMAC outlet if any, based on the representation of the petitioner made on 12.08.2022.

For Petitioner : Mr.D.Ashok Kumar For R1 to R3 : Mr.P.Thilak Kumar Government Pleader For R4 : Mr.N.GA.Nataraj Government Advocate For R5 : Mr.S.Sivanesan Standing Counsel

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed, seeking for a direction to the respondents 1 to 5 to cancel the licence of the proposed TASMAC outlet if any, based on the representation of the petitioner dated 12.08.2022. 2.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the respondents 1 to 3, Mr.N.GA.Nataraj, learned Government Advocate takes notice for the 4th respondent and Mr.S.Sivanesan, learned Standing Counsel takes notice for the 5th respondent. In view of the nature of the order proposed to be passed, notice to the 6th respondent is dispensed with. 3.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4.According to the petitioner, the 5th respondent has proposed to start a new TASMAC shop in Survey No.72, Sub-Division-3B2, which belongs to the 6th respondent. In and around the said survey number, Schools, Agricultural

Lands and Temple are situated. Hence, objecting to the opening of the TASMAC shop, the petitioner has made a representation dated 12.08.2022 to the official respondents. Since the same has not been considered so far, the petitioner has filed this Writ Petition.

5.The learned Government Pleader for the respondents 1 to 3 would submit that the objections raised by the petitioner through his representation dated 12.08.2022 would be considered before granting licence to the fifth respondent.

6.Recording the aforesaid submission, this Writ Petition is disposed of, directing the official respondents to consider the representation of the petitioner dated 12.08.2022, before granting licence to the fifth respondent to start a TASMAC shop in the 6th respondent's land. No costs. [R.M.D., J.] & [J.S.N.P., J.] 29.09.2022 Index : Yes / No Internet : Yes / No Myr

To:

1.The Home Secretary, Secretariat, Fort St.George, Chennai.

2.The District Collector, O/o.The District Collector, Trichy District, Trichy.

3.The Tahsildar, O/o. Tahsildar Office, Thuraiyur Taluk, Trichy District, Trichy.

4.The Block Development Officer, Thuraiyur Block, Trichy District.

5.The Manager, O/o. District TASMAC Office, Old Building, 1st Floor, DRO Room, Trichy.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.22919 of 2022 29.09.2022