S.Manoharan v. The District Collector

W.P.(MD).No.21841 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI W.P.(MD).No.21841 of 2019 and W.M.P.(MD).No.18582 of 2019 S.Manoharan ... Petitioner Vs.

1.The District Collector, Nagercoil, Kanyakumari District.

2.The Assistant Commissioner, Prohibition and Excise, Nagercoil, Kanyakumari District.

3.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC) Nagercoil, Kanyakumari District.

... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein not to locate any new propose TASMAC shop within the jurisdiction of my village Kadayal Panchayat Limit, Vilavankode Taluk, Kanyakumari District on the basis of the petitioner's representation dated 10.10.2019.

For Petitioner :Mr.K.K.Samy For R1 :Mr.A.K.Baskara Pandian Special Government Pleader For R2 and R3 :Mr.B.Jameel Arasu

ORDER

(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.K.K.Samy, learned counsel appearing for the petitioner, Mr.A.K.Baskara Pandian, learned Special Government https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.21841 of 2019 Pleader appearing for the third respondent and Mr.B.Jameel Arasu, learned counsel appearing for the second and third respondents. 2.By consent on either side, this writ petition is taken up for disposal.

3.The petitioner seeks for a direction not to locate any new propose TASMAC shop within the jurisdiction of the village, viz., Kadayal Panchayat Limit, Vilavankode Taluk, Kanyakumari District, on the basis of the petitioner's representation dated 10.10.2019. 4.Admittedly, as on date no TASMAC shop has been opened in the Village and we are informed by the learned Special Government Pleader appearing for the first respondent that the said proposal is pending.

5.Considering the fact that for all the years, there has not been TASMAC retail vending shop in the village, the respondents should not establish the shop. This Writ Petition is allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) Ns To 1.The District Collector, Nagercoil, Kanyakumari District.

2.The Assistant Commissioner, Prohibition and Excise, Nagercoil, Kanyakumari District.

3.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC) Nagercoil, Kanyakumari District.

+1CC TO MR.K.K.SAMY, Advocate Sr. No.92168 +1CC TO MR.B.JAMEEL ARASU, Advocate Sr. No. 92541 W.P.(MD).No.21841 of 2019 and W.M.P.(MD).No.18582 of 2019 16.10.2019 PM(CO) TR(05.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2