Arakkayee V v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.(MD) No.18044 of 2021 V.Arakkayee ... Petitioner Vs.

1.The District Collector, Office of the Collectorate, Sivagangai.

2.The District Manager, Tamilnadu State Marketing Corporation (TASMAC), Pala Malai Nagar, Thondi Road, Sivagangai, Sivagangai District.

3.The Thasildar, Taluk Office, Ilayangudi, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing respondents herein not to locate any new proposed TASMAC shop in S.No.121/6D at Karaikulam Village Panchayat, Melathuraiyur Revenue Group, Ilayangudi Taluk, Sivagangai District in the Petitioner's Village on the basis of the Petitioner's representation dated 26.10.2021.

For Petitioner : Mr.D.Senthil For Respondent : Mr.M.Ramesh Nos.1 and 3 Government Advocate For Respondent No.2 : Mr.H.Arumugam

O R D E R

(Order of the Court was made by PUSHPA SATHYANARAYANA,J.) The Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the respondents herein not to locate any new proposed TASMAC shop in S.No.121/6D at Karaikulam Village Panchayat, Melathuraiyur Revenue Group, Ilayangudi Taluk, Sivagangai District in the Petitioner's Village on the basis of the Petitioner's representation dated 26.10.2021. 1/3

2.Mr.M.Ramesh, learned Government Advocate, accepts notice on behalf of respondent Nos.1 and 3 and Mr.H.Arumugam, learned Standing Counsel, accepts notice on behalf of respondent No.2. 3.By consent of both sides, this Writ Petition itself is taken up for final disposal at the time of admission. 4.The learned Standing Counsel appearing for second respondent/ Tamilnadu State Marketing Corporation (TASMAC) on instructions submitted that they are yet to prepare the proposal for locating the shop and send it to the first respondent District Collector for approval.

5.The learned counsel for the petitioner submitted that the petitioner has already sent a representation, dated 26.10.2021, to the first respondent and the same is not yet considered. 6.Considering the fact that the representation of the petitioner is pending consideration, the first respondent is directed to consider the representation of the petitioner, dated 26.10.2021, as and when the proposal of the second respondent and the petitioner may be given an opportunity of personal hearing before passing any orders on the proposal to be submitted by the second respondent.

7.The Writ Petition stands disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) sj Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To 1.The District Collector, Office of the Collectorate, Sivagangai.

2.The Thasildar, Taluk Office, Ilayangudi, Sivagangai District.

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-37558[F] dated 07/12/2021 ) +1 CC to M/s.SPL GP ( SR-37394[F] dated 06/12/2021 ) 03.12.2021 nsv(CO) TR(14.12.2021) 3P 5C 3/3