Madras High CourtWP(MD)/8428/2013dismissed

Onsumer Protection Assn., v. Tamil Nadu State

2016-09-09Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.8428 of 2013 Consumer Protection Association Kanniyakumari District No.4/1 Gandhi Street Near Narayanaguru Kalyanamandapam Kottar, Nagercoil Represented by the President S.R.Sreeram .. Petitioner Vs.

1.Tamil Nadu State Marketing Corporation CMDA Tower II 4th floor, Gandhi Irwin Bridge Road, Egmore, Chennai.

Represented by the Managing Director.

2.The District Collector Kanyakumari District Nagercoil.

3.The District Manager, IMFS Depot, Tamil Nadu State Marketing Corporation Ltd., 25/1 No.837 and 25/2-838 Konam Industrial Estate, Nagercoil.

4.The Assistant Commissioner of Excise, Nagercoil, Kanyakumari District .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to forbear the respondents from opening IMFL TASMAC retail outlet in the building situated in NMC No.19-B-1, 19-B-2, first floor, Krishna Tower, Charles Miller Street, Nagercoil. For Petitioner : M/s.N.Dilipkumar For Respondents : Mr.Ayiram K.Selvakumar Government Advocate for R2 & R4 Mr.M.Muniyasamy for R1 & R3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this Public Interest Litigation seeking a direction to the District Collector not to grant approval for location of TASMAC retail outlet shop in the building situated in NMC No.19-B-1, 19-B-2, first floor, Krishna Tower, Charles Miller Street, Nagercoil.

2.When this writ petition was taken up today, the learned counsel for the petitioner himself submitted that now the shop has been located in a different place and no shop has been opened in the building in question. Thus, in our considered view, this writ petition has become infructuous. Accordingly, this writ petition is dismissed. No costs. Consequently connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.Tamil Nadu State Marketing Corporation CMDA Tower II 4th floor, Gandhi Irwin Bridge Road, Egmore, Chennai.

Represented by the Managing Director.

2.The District Collector Kanyakumari District Nagercoil.

3.The District Manager, IMFS Depot, Tamil Nadu State Marketing Corporation Ltd., 25/1 No.837 and 25/2-838 Konam Industrial Estate, Nagercoil.

4.The Assistant Commissioner of Excise, Nagercoil, Kanyakumari District +One cc to The Special government Pleader, SR.No.51932 RR RL/6C/2P/SKS/RR/22/9/2016 ORDER MADE IN W.P(MD)No.8428 of 2013 and M.P.Nos.1 & 2 of 2013 https://hcservices.ecourts.gov.in/hcservices/ 09.09.2016