Madras High Court
M.Karpaam vs The General Manager on 22 September, 2022
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
W.P.(MD).No.22262 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.09.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.22262 of 2022
M.Karpaam ... Petitioner
vs.
1.The General Manager,
Aavin Co-operative Limited,
Dindigul.
2.The Manager (Sales),
Aavin Co-operative Limited,
Dindigul.
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, for issuance of a Writ of Mandamus, directing the respondents not
to interfere with the petitioner's business of running Aavin Milk Booth
till the license time of 30.06.2023 by way of passing any order which
causing disturbance to the petitioner's business, by considering the
representation of the petitioner, dated 05.09.2022.
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https://www.mhc.tn.gov.in/judis
W.P.(MD).No.22262 of 2022
For Petitioner : Mr.V.Chandrapandi
For Respondents : Mr.K.Prabhu
Standing counsel
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents not to interfere with the petitioner's business of running Aavin Milk Booth till the license time of 30.06.2023, by considering his representation, dated 05.09.2022.
2. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that he is running an Aavin Milk Booth at D.No.1/34, Postal Colony, N.S.Nagar, Dindigul for the past five years by obtaining license from the respondents. As per the order of the respondents, dated 05.07.2022, the petitioner has renewed his license for running the said Aavin Booth till 30.06.2023. Now, due to some political 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22262 of 2022 vengeance, the respondents' henchman harassed the petitioner to leave the said Aavin Booth and vacate from the premises. In such circumstances, the petitioner has sent a representation dated 05.09.2022 to the respondents. But till date no action has been taken. Hence, the petitioner has filed the writ petition seeking direction to the respondents not to interfere with the petitioner's business till 30.06.2023.
4. The learned Standing counsel appearing for the respondents would submit that they have not caused any disturbance to the petitioner and if at all he has any grievance against the third parties, he should approach the police station to take action.
5. It is seen from the proceedings of the authority viz., the first respondent that the petitioner has been given a license for running the Aavin Milk Booth at D.No.1/34, Postal Colony, N.S.Nagar, Dindigul from 01.07.2022 till 30.06.2023 with certain conditions. The petitioner has not stated in his representation regarding the disturbance made by some political parties and there is no specific averment against any of the 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22262 of 2022 person, who has disturbed him, but he has stated that due to some political vengeance, the respondents disturbed him. At the same time, the learned Standing counsel for the respondents stoutly denied that they have not caused any disturbance. Hence, the petitioner's representation cannot be considered and the Writ Petition is dismissed and the respondents are directed not to disturb the petitioner till the valuable license made available in favour of the petitioner.
6. With the above direction, this Writ Petition is disposed of. No costs.
21.09.2022 Index:Yes/No Internet:Yes/No akv 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD).No.22262 of 2022 To
1.The General Manager, Aavin Co-operative Limited, Dindigul.
2.The Manager (Sales), Aavin Co-operative Limited, Dindigul.
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