V.Muralidharan v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD)No.13064 of 2013 V.Muralidharan ... Petitioner Vs.

1.The District Collector, Thanjavur.

2.The District Manager, TASMAC, No.50-57, TAS SIDCO Complex Nanjikottai Salai, Thanjavur, Thanjavur District.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to close the TASMAC shop and the bar attached thereto bearing No.7851 situated in old survey No.144D/13A new survey number No.246/17 in South main street, Papanasam, which is on the National Highway, 45C immediately and shift the shop to some other location which is found fit for the so called consumers elsewhere within the time stipulated by this Court. For Petitioner : Mr.V.Chandrasekar For R - 1 : Mr.Alagathevan Special Govt. Pleader For R - 2 : Mr.M.Muniyasamy

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed in public interest, seeking a Writ of Mandamus, to direct the respondents to close the TASMAC shop and the bar attached thereto bearing No.7851 situated in old survey No.144D/13A, new survey number No.246/17 in South main street, Papanasam, which is on the National Highway, 45C and shift the shop to some other location.

2. Heard both sides.

3. Though the petitioner has sought for the relief as above, the learned Counsel for the petitioner would submit that the representation of the petitioner dated 08.04.2013 may be directed to be considered by the first respondent.

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4. Accordingly, without going into the merits of the petitioner's claim, the first respondent is directed to verify the nature of the complaint made by the petitioner and consider the representation of the petitioner dated 08.04.2013 on its own merit and in accordance with law, as expeditiously as possible. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its own merit as per law.

5. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Thanjavur.

2.The District Manager, TASMAC, No.50-57, TAS SIDCO Complex Nanjikottai Salai, Thanjavur, Thanjavur District.

+1cc to Mr.V.Chandrasekar, Advocate SR.No.50915 +1cc to The Special Government Pleader, Madurai. SR.No.50878 W.P.(MD)No.13064 of 2013 01.09.2015 mj NS/AN-MP/16.09.2015 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/