Mathiazhagan.N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD)No.18634 of 2022 N.Mathiazhagan ... Petitioner Vs.

1.The District Collector, 2.The Manager, TASMAC Shop Nos.6535 & 6536, Alangudi, 3.The Tahsildar, Alangudi Taluk, Pudukkottai District.

4.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

5.The Inspector of Police, Alangudi Police Station, ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent Nos. 1 and 2 to shift the TASMAC Shop Nos. 6535 and 6536 to any other place other than Alangudi Town as per the resolution passed in the peace committee meeting conducted by the 4th respondent vide proceedings in Na.Ka.A2/34/2021 by considering the petitioner's representation dated 18.08.2022. For Petitioner :

Mr.R.Balakrishnan For Respondents :

Mr.P.Thilakkumar, Government Pleader for R1 & R3 Mr.H.Arumugam for R2 Mr.T.Senthilkumar, Additional Public Prosecutor for R4 & R5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] By consent, the Writ Petition itself is taken up for final disposal.

2. This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondent Nos.1 and 2 to shift the TASMAC Shop Nos. 6535 and 6536 to any other place other than Alangudi Town, as per the resolution passed in the peace committee meeting conducted by the 4th respondent, vide proceedings in Na.Ka.A2/34/2021, dated 09.04.2022, by considering the petitioner's representation dated 18.08.2022.

3. The learned counsel appearing for the petitioner submitted that the aforesaid two TASMAC shops cause inconvenience to the public, as the same are situated in the center of the Alangudi Town. Hence, the residents nearby submitted representation to the respondents to shift those shops to some other place and made protest against the running of those two shops in the aforesaid place. Pursuant thereto, the third respondent conducted a peace committee meeting on 09.04.2022, in which a resolution was passed vide proceedings in

Na.Ka.A2/34/2021, to the effect that the aforesaid two shops will be shifted from Alangudi Town within four months and in future, new shops will not be opened in Alangudi Town. Despite the aforesaid resolution, no steps were taken by the authorities concerned to shift those shops. In this regard, the petitioner has made a representation on 18.08.2022 and the same is not considered till date. Hence, the petitioner has filed this Writ Petition.

4. The learned Government Pleader appearing for the respondents 1 and 3 submitted that the representation of the petitioner dated 18.08.2022 would be considered by the official respondents and appropriate action will be taken to shift the aforesaid two TASMAC shops, for which, the learned counsel for the petitioner is agreeable.

5. Recording the above submission, this Writ Petition is disposed of with a direction to the official respondents to consider the representation of the petitioner dated 18.08.2022, in the light of the resolution passed in the peace committee meeting vide in Na.Ka.A2/34/2021, dated 09.04.2022 and pass

suitable orders so as to give effect to the aforesaid resolution in accordance with law. Such an exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] vsm 28.10.2022 To 1.The District Collector, 2.The Manager, TASMAC Shop Nos.6535 & 6536, Alangudi, Pudukkottai District.

3.The Tahsildar, Alangudi Taluk, Pudukkottai District.

4.The Deputy Superintendent of Police, Alangudi, Pudukkottai District.

5.The Inspector of Police, Alangudi Police Station,

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 28.10.2022