Madras High Court
R.Ashokan vs The District Manager – Tasmac on 1 April, 2022
Author: R. Suresh Kumar
Bench: R.Suresh Kumar
W.P.No.7887 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2022
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.7887 of 2022
and
W.M.P.No.7890 of 2022
R.Ashokan ... Petitioner
Vs.
1.The District Manager – TASMAC,
Tamil Nadu State Marketing Corporation Ltd.,
Chennai South District, Industrial Estate,
Ambathur, Chennai.
2.Tamil Nadu State Marketing Corporation Ltd.,
(TASMAC) rep by its Managing Director,
Thazhamuthu Natarajan Building,
Gandhi Irvin Road, Egmore,
Chennai – 600 008.
3.The Senior Regional Manager,
Tamil Nadu State Marketing Corp. Ltd., (TASMAC),
No.735, LLA Building 4th Floor,
Anna Salai, Chennai – 600 002.
4.The District Collector,
Chennai District, Singaravelar Maligai,
Rajaji Street, Chennai – 600 001. ... Respondents
https://www.mhc.tn.gov.in/judis
W.P.No.7887 of 2022
Prayer : Writ Petition under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus forbearing the
respondents their men and people or subordinates, or any others claiming
through them from in any manner either attempting, or locating or
installing any Tasmac shop either with or without bar in and around or
particularly at Door No.222, Bhuvaneswari, Nagar, 3rd Main Road,
Velacherry, Chennai – 600 042.
For Petitioner : Mr.S.Balasubramanian
For R1 to R3 : Mr.P.Arumugaraja
Standing Counsel
For R4 : Mr.M.Muthusamy
Government Advocate
ORDER
The prayer sought for herein is for a Writ of Mandamus to forbear the respondents their men and people or subordinates, or any others claiming through them from in any manner either attempting, or locating or installing any TASMAC shop either with or without bar in and around or particularly at Door No.222, Bhuvaneswari, Nagar, 3rd Main Road, Velacherry, Chennai – 600 042.
2. The petitioner is a resident at Door No.66/62, Venkateswara Nagar, 3rd Main Road, Velacherry, Chennai - 600 042. Just behind his https://www.mhc.tn.gov.in/judis W.P.No.7887 of 2022 property, in the property located at No.222, Bhuvaneswari Nagar, 3rd Main Road, Velacherry, Chennai - 600 042, the respondent TASMAC has proposed to locate a TASMAC Retail Vending Shop shortly.
3. If that retail vending shop of IMFL by the TASMAC is located therein, it will harm the habitation in that locality including the petitioner. Therefore, the petitioner had given objection by way of a representation dated 21.03.2022 to the respondents including the 4th respondent/District Collector, Chennai. However, the said representation so far has not been considered. Therefore, the petitioner has approached this Court by way of filing the present writ petition.
4. Heard Mr.S.Balasubramanian, learned counsel appearing for the petitioner, who having reiterated the above, would seek indulgence of this Court to issue a suitable direction to the respondents.
5. Heard Mr.P.Arumugaraja, learned Standing Counsel appearing for respondents 1 to 3/TASMAC and also Mr.M.Muthusamy, learned Government Advocate appearing for the 4th respondent, who would submit that already an inspection has been conducted by the TASMAC, https://www.mhc.tn.gov.in/judis W.P.No.7887 of 2022 where there has been no violation of Rule. Despite that, since an objection has been filed by the petitioner on behalf of the local people on 21.03.2022, the same shall be considered only by the 4th respondent/District Collector as per the amended Rule.
6. Therefore, the said representation would be considered by the 4 th respondent and decision thereon would be taken on merits and in accordance with law.
7. In view of the said submissions made by both sides, having regard to the said facts of the case and considering the nature of the prayer sought for herein, this Court is inclined to dispose of this Writ Petition with the following orders:
That there shall be a direction to the respondents especially the 4th respondent/ District Collector, Chennai to consider the objection/representation of the petitioner dated 21.03.2022 and after giving an opportunity of being heard to the petitioner or any other person on behalf of the local people, who have similar objections, the 4th respondent shall pass orders on the proposed location of the TASMAC shop within a period of two weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis W.P.No.7887 of 2022
8. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
01.04.2022 Index: Yes/No mmi/sp To
1.The District Manager – TASMAC, Tamil Nadu State Marketing Corporation Ltd., Chennai South District, Industrial Estate, Ambathur, Chennai.
2.Tamil Nadu State Marketing Corporation Ltd., (TASMAC) rep by its Managing Director, Thazhamuthu Natarajan Building, Gandhi Irvin Road, Egmore, Chennai – 600 008.
3.The Senior Regional Manager, Tamil Nadu State Marketing Corp. Ltd., (TASMAC), No.735, LLA Building 4th Floor, Anna Salai, Chennai – 600 002.
4.The District Collector, Chennai District, Singaravelar Maligai, Rajaji Street, Chennai – 600 001.
https://www.mhc.tn.gov.in/judis W.P.No.7887 of 2022 R. SURESH KUMAR, J.
sp/mmi W.P.No.7887 of 2022 01.04.2022 https://www.mhc.tn.gov.in/judis