Madras High CourtWP(MD)/22256/2019disposed of

S.Pichai v. The District Collector

2019-10-22Honourable Mr Justice M. Govindaraj2 pages

W.P(MD)No.22256 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P(MD)No.22256 of 2019 S.Pichai .. Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Manager/Deputy Collector, Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Madurai North, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to consider and dispose of the petitioner's representation dated 12.09.2019 submitted to the 2nd respondent appropriately so as to grant permission to open the TASMAC Retail Shop No.5197 falling under commercial locality at Dr.No. 64 bearing Survey No.648 at South Masi St. (Ward No.38A) Madurai-1. For Petitioner : Mr.T.R.Subramanian For R1 : Mr.J.Gunaseelan Muthiah Additional Government Pleader For R2 : Mr.H.Arumugam

ORDER

By consent, the writ petition itself is taken up for final disposal at the stage of admission.

2.The petitioner was given a license to run a TASMAC liquor shop bearing No.5197 at Door No.64 at South Masi Street (Ward No.38A) Madurai-1. This Court, in a writ petition filed as Public Interest Litigation in WP(MD)No.15616 of 2017, vide order dated 04.09.2017, directed closure of the above shop, as it situates in a residential building. Accordingly, the shop was closed. Thereafter, the petitioner had demolished the building and constructed a commercial building and made a representation to the respondents to relocate the shop in the same place. Since the said representation has not been disposed of, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.22256 of 2019 3.The learned counsel appearing for the respondents would submit that it is true that the petitioner has obtained plan approval for constructing a commercial building and proposal should be sent by the District Collector for relocating the shop and thereafter only, the petitioner's representation can be considered. 4.Considering the submission made by the learned counsel for the respondents, a direction is given to the first respondent to dispose of the petitioner's representation dated 12.09.2019 within a period of eight weeks, after receiving appropriate orders from the concerned authorities.

5.The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) mj To 1.The District Collector, Madurai District, Madurai.

2.The District Manager/Deputy Collector, Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Madurai North, Madurai.

+1 CC to M/s.T.R.SUBRAMANIAN, Advocate SR-93479. W.P.(MD)No.22256 of 2019 22.10.2019 CS(01.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2