Anbalagan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2021 CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN and WMP(MD)No.18098 of 2021 Anbalagan ... Petitioner vs.
1)The District Collector, Collector office campus, Pudukkottai District, Pudukkottai.
2)The Assistant Commissioner, Prohibition and Exercise Department, Collector office campus, 3)The Tahsildar, Tahsildar office, Alangudi Taluk, 4)The District Manger, Government TASMAC office, Sipcot, ... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein not to open the TASMAC shop at Alangudi-Melakarumbirankottai road, Melakarumbirankottai, Alangudi, Pudukkottai District based on the petitioner's representation dated 02.11.2021. For Petitioner : Mrs.A.Banumathy For R1 to R3 : Mr.B.Saravanan Additional Government Pleader For R4 : Mr.H.Arumugam
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The petitioner has given a representation to the District Collector, Pudukkottai District, Tahsildar, Alangudi Taluk, 1/3
Pudukkottai District and the District Manager, TASMAC, Sipcot, Pudukkottai, not to open a new TASMAC shop on the AlangudiMelakarumbirankottai road. 2.
The case of the petitioner is that there is only half kilometer distance between Melakarumbirankottai Village and Alangudi Town, within which, already there are two TASMAC shops running. There is a proposal for shifting one of the shops to the AlangudiMelakarumbirankottai road. The petitioner has sent a representation, based on the inspection conducted by the 4th respondent. His objection is that there are schools and also commercial establishments in the said area, in addition to the already existing two shops which unnecessarily lead to accidents and other untoward incidents. Though the said representation was sent on 02.11.2021, none of the authorities have cared to respond to the same and the District Collector, 1st respondent, is the authority to decide the matter.
3.
Thus, we direct the District Collector, Pudukkottai, to consider the representation of the petitioner, dated 02.11.2021, after affording an opportunity to him, in consultation with the 4th respondent Corporation and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. It is open to the petitioner to make all suggestions in this regard before the District Collector.
4.
With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) bala To 1)The District Collector, Collector office campus, Pudukkottai District, Pudukkottai.
2)The Assistant Commissioner, Prohibition and Exercise Department, Collector office campus, 2/3
3)The Tahsildar, Tahsildar office, Alangudi Taluk, 4)The District Manger, Government TASMAC office, Sipcot, +1cc to Mr.H.ARUMUGAM,Advocate, SR.No.38973 DATED:15.12.2021 +1cc to M/s.SPL GP,Advocate, SR.No.38842 DATED:15.12.2021 ORDER MADE IN DATED : 14.12.2021 NSN(CO) GC(30.12.2021) 3P 7C 3/3