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Madras High CourtWP(MD)/24306/2022disposed of

Shanmugavel S v. The Managing Director

2022-10-27Honourable Mr Justice R. Mahadevan,Honourable Mr Justice J.Sathya Narayana Prasad5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.(MD)No.24306 of 2022 and W.M.P.(MD)No.18409 of 2022 S.Shanmugavel ... Petitioner -Vs1.The Managing Director, Tamil Nadu State Marketing Corporation, (TASMAC), CMDA Complex, Egmore, Chennai.

2.The District Manager, Tamil Nadu State Marketing Corporation Limited, Tirunelveli District.

3.The District Collector, Collectorate, Tenkasi District.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to drop the shifting proposal of TASMAC shop No.10703 from D.No.292, Keezhamutharamman Kovil Street, Tenkasi Town to S.No.140/3A, D.No.12/1, VeerasigamaniArunachalapuram Road, Veerasigamani Panchayat, Sankarankovil Taluk, Tenkasi District in view of Ariyanayagipuram Grama Sabha resolution dated 15.08.2022 and Veerasigamani Grama Sabha resolution dated 01.05.2022 and pass appropriate orders by considering the representations dated 28.04.2022 and 12.09.2022 within a time stipulated by this Court. For Petitioner : Mr.V.Meenakshi Sundaram For R1 and R2 : Mr.S.Sivanesan, Standing Counsel For R3 : Mr.P.Thilak Kumar, Government Pleader.

ORDER

[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed seeking Writ of Mandamus, to direct the respondents 1 to 3 to drop the shifting proposal of TASMAC Shop No.10703 from D.No.292, Keezhamutharamman Kovil Street, Tenkasi Town to S.No. 140/3A, D.No.12/1, Veerasigamani-Arunachalapuram Road, Veerasigamani

Panchayat, Sankarankovil Taluk, Tenkasi District, in view of Ariyanayagipuram Grama Sabha resolution dated 15.08.2022 and Veerasigamani Grama Sabha resolution dated 01.05.2022 and pass appropriate orders by considering the representations of the petitioner dated 28.04.2022 and 12.09.2022 within a time frame stipulated by this Court.

2.Today, when the matter was taken up for hearing, the learned Government Pleader for the 3rd respondent has produced the proceedings in Na.Ka.X.1/12272/2022, COLR/2053/2022/X1, dated 03.09.2022 issued by the 3rd respondent, wherein the 3rd respondent has granted permission to shift the TASMAC shop in question to S.No.140/3A, D.No.12/1, VeerasigamaniArunachalapuram Road, Veerasigamani Panchayat, Sankarankovil Taluk, Tenkasi District.

3.At this juncture, the learned counsel for the petitioner sought for liberty to challenge the said proceedings of the 3rd respondent dated 03.09.2022.

4.In view of the above, this Writ Petition is disposed of with liberty as prayed for. No costs. Consequently, connected miscellaneous petition is closed. [R.M.D., J.] & [J.S.N.P., J.] 27.10.2022 Index : Yes / No Internet : Yes / No Myr To 1.The Managing Director, Tamil Nadu State Marketing Corporation, (TASMAC), CMDA Complex, Egmore, Chennai.

2.The District Manager, Tamil Nadu State Marketing Corporation Limited, Tirunelveli District.

3.The District Collector, Collectorate, Tenkasi District.

R.MAHADEVAN , J.

AND J.SATHYA NARAYANA PRASAD, J.

Myr W.P.(MD)No.24306 of 2022 27.10.2022