Madras High Court
Ambigapathy vs The District Collector on 27 September, 2021
Author: R. Suresh Kumar
Bench: R. Suresh Kumar
W.P.(MD).No.25072 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.09.2021
CORAM:
THE HON'BLE MR.JUSTICE R. SURESH KUMAR
W.P.(MD).No.25072 of 2019
Ambigapathy ... Petitioner
Vs.
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The District Manager,
TASMAC,
Munner Pallam,
Tirunelveli District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, for the issuance of Writ of Mandamus, to direct the 2 nd respondent
to implement the order made by the 1st respondent in the proceeding in
Na.Ka.No.X.4/5019/2019 dated .06.2019 within a stipulated time as
directed by this Court.
For Petitioner : Mr.S.R.Anbarasu
For Respondents : Mr.D.Ghandhiraj
Government Advocate for R1
Mr.B.Jamel Arasu for R2.
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W.P.(MD).No.25072 of 2019
ORDER
The prayer sought for herein is for a Writ of Mandamus, to direct the second respondent to implement the order made by the first respondent in the proceeding in Na.Ka.No.X.4/5019/2019 dated .06.2019 within a stipulated time as directed by this Court.
2.The case of the petitioner is that there was a retail vending IFML shop that is tasmac shop No.10848 at Viswanathapuram, Levingipuram Village, Radhapuram Taluk, Tirunelveli District, which in fact located near a national highway.
3.Pursuant to the order passed by this Court, all those tasmac retail vending shops located in the national highway were directed neither to be closed or relocated.
4.Accordingly, the said shop also since was located in the national highway was to be relocated. Therefore, when the District Administration along with TASMAC was searching for a suitable location to locate the shop, the petitioner had come forward to provide his property. Where, as 2/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 per the petitioner's case, based on the assurance given by the respondents to locate the shop in the petitioner's premises, he having invested nearly about Rs.7 to 10 Lakhs as claimed by him, has constructed the necessary structure for the convenient location of tasmac shop No.10848 at Door Nos.11/118 and 11/119 at S.No.106/3B1B at S.S.Puram Road, Kudankulam Village, Radhapuram Taluk, that is the property belonged to the petitioner.
5.After having been made ready of the said location and premises for locating the tasmac Shop No.10848 and on satisfaction of the same, the first respondent/District Collector by order dated 21.06.2019 has passed the following order:-
“NkYk; ,f;filahdJ $ld;Fsk;
Cuhl;rpia rhh;e;jjhFk; vd;Wk;> mjd; kf;fs;
njhif 20>000-f;Fk; Fiwthf cs;sJ vd;Wk;> gpu];jhg ,lj;jpypUe;J 220 kPl;lh; J}uj;jpw;Fs; Njrpa neLQ;rhiy kw;Wk; khepy neLQ;rhiy VJk; nry;ytpy;iy vd;Wk; njhptpj;Js;shh;.
NkYk; murhiz vz;.32 cs;> kJtpyf;F kw;Wk;
Maj;jPh;it (V) Jiw ehs; 21.05.2018-y;
njhptpj;Js;sgb cs;s epge;jidfspd;gb
cs;sjhy; jpUney;Ntyp khtl;lk;> ,uhjhGuk;
tl;lk;> nytpQ;rpGuk; fpuhkk;> tp];tehjGuk; gFjp> fjT vz;.7-43N[ vd;w Kfthpapy; nray;gl;Lf;
3/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 nfhz;LbUe;Jk;> nrd;id cah;ePjpkd;w ePjpg;
Nguhizapy; NjrPa neLQ;rhiyapy; mike;Js;s kJghd;ffilfis mfw;wpl cj;jutplg;gl;Ls;sJ.
mjd;gb khtl;l Ml;rpah; mth;fspd;
cj;jutpd;gb fle;j 13.02.2016 Kjy; jw;fhypfkhf %lg;gl;lJkhd kJghd rpy;yiw tpw;gid fil vz;.10848-I jpUney;Ntyp khtl;lk;> ,uhjhGuk; tl;lk;> $ld;Fsk; fpuhkk;> S.S.Guk; NuhL> fjT vz;.11-118 kw;Wk; 11-119> rh;Nt vz;.106-3B1B vd;w .................................
vdNt> khtl;l Nkyhsh;> lh];khf; ypl;> jpUney;Ntyp kw;Wk; jpUney;Ntyp> cjtp Mizah; (fyhy;) MfpNahhpfspd; Gyj;jzpf;if mwpf;ifapd; mbg;gilapYk;> murhiz vz;.32 cs;> kJtpyf;F kw;Wk; Maj;jPh;it (VI) Jiw ehs;:21.05.2018-y; cs;s midj;J epge;jidfspd;gb cs;sjhYk;
jpUney;Ntyp khtl;lk;> ,uhjhGuk; tl;lk;> $ld;Fsk; fpuhkk;> S.S.Guk; NuhL> fjT vz;.11-118 kw;Wk; 11-119> rh;Nt vz;.106-3B1B vd;w Kfthpapy; kJghd rpy;yiw tpw;gid fil vz;.10848-I NkNy fz;l Kfthpapy; jpwf;f mDkjpaspj;J ,jd;
%yk; cj;jutplg;gl;Ls;sJ.”
6.However, pursuant to the said order, the shop could not be located and for the reasons best known to the respondents, they have not 4/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 located the shop in the premises of the petitioner. Thereby, the petitioner has been put to under heavy loss. Therefore in order to execute the order passed by the District Collector/first respondent dated 21.06.2019, the present Writ Petition has been filed with the aforesaid prayer.
7.When the Writ Petition came up for hearing, it was contended by the learned counsel for the petitioner that though there is a TASMAC shop in the nearby location of the present premises of the petitioner, there has been no objection for having that shop and however, on the alleged reason that the people of the locality have made objection to locate the shop, it seems that the respondents have not implemented the order passed by the first respondent/District Collector dated 21.06.2019.
8.Since the said stand had been taken by the petitioner, this Court wanted to have report from the Thasildar as well as the District Collector after having inspecting the premises concerned, so that further progress can be made in this regard.
5/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019
9.Accordingly on 03.08.2021, this Court passed the following order:-
“The first respondent, District Collector has passed a detailed order on 21.06.2019, whereby he has given permission to open the liquor shop under TASMAC in Shop No.10848, at the premises belongs to the petitioner. Pursuant to which, no further action had been taken to open the liquor shop. Therefore, in order to give mandatory direction to the respondents to implement the order, this writ petition has been filed.
2.During the pendency of the writ petition, a typed set of documents was filed on behalf of the second respondent, that is the District Manager, TASMAC, Munneer Pallam, Tirunelveli, who has annexed a one page report or communication submitted by the Tahsildar, namely, Radhapuram Tahsildar, dated 09.01.2020 addressed to the first respondent, District Collector, having been forwarded by the second respondent to the Government Counsel for TASMAC has also been filed before this Court.
3.In the said report/proceedings, dated 09.01.2020, the Tahsildar concerned has stated the following:6/20
https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 “nkw;fz;l fil vz; 10848 id Tld;Fsk; fpuhkk; ru;nt vz; 106/3 y;
mike;Js;s jpU.uh$nfhghy; j.bg&rptypq;f ehlhh;
vd;gtUf;F brhe;jkhd fl;olj;jpw;F khw;wp
bray;gLj;jpl ghh;itapy; fz;l khtl;l
Ml;rpj;jiyth; mth;fspd; bray;Kiwfspy;
cj;jutplg;gl;Ls;sJ. ,e;epiyapy; fpuhkg;g[wq;fspy; tpisepyq;fspy; kJghd filfs; mikj;jpl ePjpkd;wj;jpy; jil tpjpf;fg;gl;oUe;jjhft[k; jw;nghJ jil tpyf;fg;gl;Ls;sjhft[k; nkw;fz;l filapid jpwf;fg;glt[s;sjhft[k; bjhpatUfpwJ.
v];.v];.g[uk; gFjp kf;fspd; rhh;gpy; new;W (08.01.2020) khiy nkw;go filapid jpwg;gjhy; gs;sp kw;Wk; fy;Y}upf;F bry;Yk; Fe;ijfSf;F ghjpg;g[ Vw;gLk; vd;Wk;> Vw;fdnt ½ fp.kP. J}uj;jpy; xU kJghd rpy;yiw tpw;gid fil cs;sJ> vd;Wk; vdnt> g[jpajhf ,f;filapid jpwf;f TlhJ vd;Wk; kD mspj;Js;sdh;.
,e;epiyapy; ,d;W (09.01.2020) nkw;go filf;F kJghdq;fis ,wf;Ftjw;fhf yhhpapy; kJghdq;fs; bfhz;L tug;gLtij mwpe;j ,g;gFjp kf;fs; Rkhh; 60 egh;fs; ,f;filapid> jpwf;f TlhJ vd;Wk; ,f;filapid kJghdq;fs; ,wf;fpl mDkjpf;fkhl;nlhk; vd;Wk; vjph;g;g[ bjhptpj;J tUfpd;wdh; nkw;fz;l filapid jpwf;Fk; gl;rj;jpy; rl;lk; xGq;F gpur;rid Vw;gl tha;g;g[ cs;sJ vd;gij gzpt[ld;
bjhptpj;Jf;bfhs;fpnwd;.” 7/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019
4.Pursuant to this report, what further action had been taken by the first respondent, District Collector has not been stated sofar and in this regard, the learned Government Advocate wants sometime to file a report by the first respondent, District Collector.
5.In this regard, it is to be noted that if at all any objection has come from the local people for opening the shop on the alleged reason that it will affect the school going children, on what basis the shop already been located just half a kilometer from the present location is being permitted to run. Therefore, in this regard, the Tahsildar concerned has not given the full details of the ground reality in his report dated 09.01.2020 and on prima facie, this Court feels that it is the partisan report submitted the Tahsildar concerned. Therefore, present Tahsildar is directed to go to the shop already located and is running, which has been mentioned in the report dated 09.01.2020 and also the present location of the petitioner's premises to locate the shop and file a detailed report to the first respondent District Collector, to that effect based on which, the stand of the first respondent District Collector to open the shop in question in the premises of the petitioner already decided in the order referred to above shall be spelt out and accordingly, a detailed report by the first 8/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 respondent, District Collector shall be filed before this Court before the next hearing.
6.Post the mater on 18.08.2021.”
10.Pursuant to the said order passed by this Court dated 03.08.2021, Mr.D.Gandhiraj, learned Government Advocate appearing for the first respondent has filed the report of the Thasildar concerned as well as the first respondent/District Collector.
11.In the report of the Thasildar, dated 17.09.2021, he has stated the following:-
“nrd;id cah;ePjpkd;w kJiu fpis tof;F vz;.WP(MD)25072/2019-d; jPh;g;gpy; 9.1.2020 tl;lhl;rpah;> ,uhjhGuk; mwpf;ifapy; Fwpg;gpl;Ls;sthW Gjpjhf jpwf;f mDkjpf;fg;gl;l ,lj;jpy; gs;sp nry;Yk; Foe;ijfs; ghjpf;fg;gLtjhf mg;gFjp kf;fs; Ml;Nrgiz njhptpj;jjhf njhptpj;Js;sdh; vdpy; mjd; mUfpy; ½ fp.kP J}uj;jpy; ,aq;fp tUk; fil ve;j mbg;gilapy; mDkjpaspf;fg;gl;L ,aq;fp tUfpwJ vdTk; tl;lhl;rpah; mwpf;ifapy; Nkw;gb epyj;jpd; KG tpguq;fSk; njhptpf;fg;gltpy;iy vdTk; jw;Nghija tl;lhl;rpah; Nkw;gb ,lj;ijAk; Vw;fdNt ,aq;fptUk; filapid ghh;itapl;Lk; tprhhpj;J uhjhGuk; tl;lhl;rpah; jdJ tphpthd mwpf;ifapid 9/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 Kjy; gpujpthjpahd khtl;l Ml;rpj;jiytUf;F rkh;g;gpf;f Ntz;Lk; vdTk; mjd; mbg;gilapy; Kjy; gpujpthjpahd khtl;l Ml;rpj;jiyth; jdJ tphpthd mwpf;ifapid ePjpkd;wj;jpy; mLj;j tprhuizapy; rkh;g;gpf;f Ntz;Lk; vdTk; mwpTWj;jg;gl;Ls;sJ.
,jd;gb 15.09.2021 md;W Nrud;kfhNjtp Nfhl;lfyhy; mYtyh; kw;Wk; ,uhjhGuk; tl;lhl;rpah; kw;Wk; rhh;epiy mYtyh;fSld; Gjpjhf 10848 rpy;yiw kJghdf;fil jpwf;f cs;s ,lk; Gyvz;. 106/3B1B kw;Wk; Vw;fdNt ,aq;fp tUk; fil vz; 10846 Mfpait $l;lhf jyg;ghh;it nra;ag;gl;L mwpf;if rkh;g;gpf;fg;gl;Ls;sJ.
mwpf;ifapd;gb Vw;fdNt ,aq;fptUk; fil vz;.10846 filahdJ ,Uf;fd;Jiw gFjp 2 fpuhkj;jpy; Gjpajhf jpwf;f cs;s fil 10848- d; ,lk; Gyvz;.106/3B1B ypUe;J Rkhh; 2 fp.kP J}uj;jpy; cs;sJ. ,f;fil mike;Js;s ,lj;ij Rw;wp 500 kPl;lh; J}uj;jpw;F Nfhtpy;fNsh> FbapUg;GfNsh gs;spNah ,y;iy 100 kPl;lh; njhiytpy; xU Nfhopg;gz;iz kl;Lk; cs;sJ. njw;F jpirapYk; 100 kPl;lh; njhiytpy; xU Nfhopg;gz;iz cs;sJ. ,f;filapy; jpdrhp ruhrhpahf 2.5 yl;rk; tiu tpw;gid eilngw;W tUfpwJ. nghJkf;fs; Ml;Nrgiz vJTk; ,Jtiu tutpy;iy vd tl;lhl;rpah; mwpf;ifapy; njhpa tUfpwJ. Gjpajhf rpy;yiw kJghdf;fil vz.;
10848 jpwf;f cs;s ,lk; $lq;Fsk;
nkapd;Nuhl;bypUe;J v];.v];.Guj;jpw;F nry;Yk;
rhiyapy; mike;Js;sJ. ,e;j ,lk; Gyvz;.
10/20
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W.P.(MD).No.25072 of 2019
106/3B1B epyk; fpuhkf;fzf;Ffspd; gb
rptypq;fehlhh; kfd; ,uh[Nfhghy; vd;gth; ngahpy; cs;sJ. Nkw;gb fil mika cs;s ,lj;jpy; 50 kPl;lh; njhiytpy; rh];jh Nfhtpy; xd;W cs;sJ. Nkw;F gFjpapy; 25 kPl;lh; njhiytpy; xU nty;bq; filAk; mjd; mUfpy; xU Rliykhld; NfhtpYk; mike;Js;sJ. ,f;fpuhkj;jpy; 105 tPLfs; cs;sd. 20>000-f;F Fiwthd kf;fs;njhif cs;sJ. Rkhh; 500 kPl;lh; njhiytpy; muR njhlf;fg;gs;sp kw;Wk;
muR kUj;Jtkid xd;Wk; cs;sJ. NkYk;
v];.v];.Guj;jpypUe;J gs;spf;F nry;Yk; khzt
khztpah;fs; ,e;j topahfj;jhd; $ld;Fsk;
fpuhkj;jpw;Nfh my;yJ mUfpy; cs;s NtW
fpuhkq;fSf;Nfh ,e;j ,lj;jpid jhz;b jhd; kf;fs;
nry;yNtz;Lk; njw;F gFjpapy; 1500 kPl;lh;
njhiytpy; $ld;Fsk; Ch;gFjp cs;sJ.
NkYk; ,j;jy Ma;tpd; NghJ Nkw;gb ,lj;jpy;
Gjpjhf kJghd rpy;yiw tpw;gid fil miktJ
njhlh;ghf mg;gFjp kf;fs; Ml;Nrgiz
njhptpj;Js;sdh; vd Nfhl;lfyhy; mYtyh;>
Nrud;kfhNjtpAk; ,uhjhGuk; tl;lhl;rpaUk; njspthf $wpAs;shh; vd;w tpguj;jpid gzpTld;
njhptpj;Jf;nfhs;fpNwd;.
vdNt Gyvz;.106/3B1B epyj;jpy; Gjpa rpy;yiw kJghdf;fil vz;.10848 jpwg;gjw;F Nkw;gb Ch;
kf;fspilNa Ml;Nrgiz cs;sJ vdTk;
Vw;fdNt ,aq;fp tUk; fil CUf;F 2 fp.kP njhiytpy; cs;sjhy; mJ Fwpj;J Ml;Nrgiz vJTk; ,y;iy vdTk;
njhptpj;Jf;nfhs;fpNwd;. ,j;Jld; fpuhkf;fzf;F 11/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 efy;fisAk; tl;lhl;rpah; ,uhjhGuk; mwpf;ifapidAk; ,izj;J mDg;gpAs;Nsd;.”
12.Based on the said report of the Thasildar, the first respondent/District Collector vide his report dated 21.09.2021 has made the following:-
“Nkw;gb fil vz;.10848 $ld;Fsk; nkapd; Nuhl;bypUe;J v];.v];.Guj;jpw;F nry;Yk; rhiyapy; 600 kPl;lh; njhiytpy; tlf;F jpirapy; Nuhl;bd; fPo;gf;fk; mike;Js;sJ. ,f;fil $ld;Fsk; fpuhkk;> Gyvz;. 106/3B1B 0.09.00 n`f;Nlh; epyk; rptypq;f ehlhh; kfd; ,uh[Nfhghy; vd;gthpd; ngahpy; cs;sJ. ,f;filf;F Nkw;F gf;fk; 50 kPl;lh; njhiytpy; rh];jh Nfhtpy; cs;sJ. Nkw;F gf;fk; 25 kPl;lh; njhiytpy; nty;bq; fil cs;sJ. tlf;F gFjpapy; 300 kPl;lh; njhiytpy;
v];.v];.Guk; Ch; FbapUg;G gFjp cs;sJ. ,f;fpuhkj;jpy; nkhj;jk; 105 tPLfs; cs;sd. Rkhh; 300 kf;fs; trpj;J tUfpd;wdh;> mjpy; Rkhh; 180 ngz;fs; 120 Mz;fs; trpj;J tUfpwhh;fs;. tlf;F gFjpapy; 500 kPl;lh; njhiytpy; muR njhlf;fg;gs;sp kw;Wk; muR kUj;Jtkid cs;sJ.
v];.v];.Guj;jpypUe;J gs;spf;F nry;Yk; khzt khztpah;fs; ,e;j topahfj;jhd; $ld;Fsk;
fpuhkj;jpw;f;Nfh my;yJ mUfpy; cs;s NtW fpuhkq;fSf;Nfh ,e;j filia jhz;bjhd; gs;spf;F nry;y Ntz;Lk;. njw;F gFjpapy; 1500 kPl;lh; njhiytpy; $ld;Fsk; Ch; gFjp cs;sJ. NkYk; Ma;tpd;NghJ gpu];jhg epyj;jpy; kJghd rpy;yiw 12/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 tpw;gid fil miktJ njhlh;ghf mg;gFjp kf;fs; Ml;Nrgiz njhptpj;Js;sdh;.
NkYk; ,f;filapy; ,Ue;J Vw;fdNt ,aq;fp nfhz;bUf;Fk; fil vz;.10846 ,Uf;fd; Jiw gFjp-2 fpuhkj;jpy; mike;Js;sJ. Nkw;gb filapypUe;J Gjpa filf;F cs;s J}uk; Rkhh; 2 fpkP Nky; cs;sJ. ,e;j fil rq;fNdhp nry;Yk; ghijapy;
mike;Js;sJ. ,f;filia Rw;wp 500 kPl;lh;
J}uj;jpw;F Nfhtpy;fNsh FbapUg;GfNsh ,y;iy.
tlf;F jpirapy; 100 kPl;lh; njhiytpy; Nfhop gz;iz mike;Js;sJ. Njw;F jpirapy; 100 kPl;lh; njhiytpy; kw;nwhU Nfhop gz;iz mike;Js;sJ. tlNkw;F jpirapy; 400 kPl;lh; njhiytpy; rh];jh Nfhtpy; mike;Js;sJ vd;gij gzpTld; njhptpj;Jf;nfhs;fpNwd;. ,j;Jld; fpuhkf;fzf;Ffs; kw;Wk; tiuglq;fs; ,izj;Js;Nsd;.”
13.Relying upon these two reports filed by the Thasildar as well as the first respondent/District Collector, the learned Government Advocate would contend that, the Thasildar after having conducted spot inspection filed the report with field map, where, the surroundings of the location of the proposed shop that is the property belonged to the petitioner has been clearly mentioned. Therefore on the four sides of the property concerned of the petitioner, there are activities going on and based on which, the location of the proposed tasmac shop is objectionable. According to the 13/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 report, within 50 metre, there is a temple called Sastha Temple and in another 50 metre, there is a temple called Sudalaimadasamy Temple. Within 300 metres on the northern side, the residential area of S.S.Puram is located. 500 metres from the shop, there is a government primary school as well as hospital. The people who want to go to Kudangulam village and nearby villages have to take the same route, where the proposed shop is location is located and therefore, during the inspection, there has been an objection from public.
14.Whereas in respect of the Shop No.10846, which has already been functioning in Irukandurai Part-II, it is located 2 Kms away from the present premises and there is no objectionable institutions like school, hospital or temple located and only 500 metres away from that location, the temples were located. Therefore, the people had not objected for the said shop No.10846.
15.Therefore, by taking this Court to the said reports submitted by the Thasildar as well as the District Collector, the learned Government Advocate would contend that, this is the reason why even though the order passed by the District Collector to have the tasmac shop in question 14/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 at the petitioner's premises, that could not be materialized. Therefore, the petitioner cannot seek a direction from this Court to implement the earlier passed by the District Collector. Accordingly, the Writ Petition is liable to be rejected, he contended.
16.However, Mr.S.R.Anbarasu, learned counsel appearing for the petitioner vehemently contended that the petitioner is an agriculturist and out of his hard earned money, he spent nearly about Rs.7 to 10 lakhs for constructing the structure and farming road at the survey number referred to above belongs to the petitioner to locate the tasmac shop No.10848 only on the basis of the assurance given by the respondents especially, the first respondent/District Collector and after having constructed the structure and after having verified the same, the District Collector has passed a detailed order on 21.06.2019. Whereby, he had given permission to open the shop in the petitioner's premises. However, because of some business rivalries or for any special reasons attached to the local people arising out of some personal hatred against the petitioner, they have created some artificial objections and that was taken into account by the District Administration as well as the TASMAC Administration and they stick on to the decision that they have taken not to locate the shop in the 15/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 petitioner's premises, which is unadjusted arbitrary. Therefore, the learned counsel appearing for the petitioner seeks indulgences of this Court to issue a direction as prayed for.
17.The learned counsel appearing for the petitioner would also submit that, if ultimately this Court has not accepted the plea of the petitioner, insofar as the loss sustained by the petitioner for having invested his hard earned money to put up structure for locating TASMAC shop as per the assurance given by the District Collector, the petitioner seeks that, he is entitled to get damages and compensation and that should be ordered to compensate the petitioner adequately for the loss sustained by him.
18.I have considered the said rival submissions made by the learned counsel appearing for parties and have perused the materials placed before this Court.
19.Since the earlier decision taken by the respondents that the proposed TASMAC shop can be located in the premises of the petitioner has been changed for the reason that there has been an objection from the 16/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 local people, this Court wanted to know the actual ground reality, hence, this Court by order dated 03.08.2021, as quoted herein above, issued a direction to the Tahsildar as well as the District Collector to file a report after inspecting the spot concerned.
20.Accordingly, the aforesaid reports have been filed by the Thasildar and the District Collector and the relevant portions of the same had already been quoted herein above.
21.The details of the objections and the locality of the proposed TASMAC shop in the premises of the petitioner had been clearly explained by the Thasildar, which has been accepted by the District Collector. Therefore, in view of the objections from the local people, as the premises of the petitioner, where the proposed location originally was found out is statically placed amidst the public and residential locality surrounded by temples, school, hospital etc.
22.However, in respect of other shop, which was compared vehemently by the petitioner's counsel, which is located 2 Kms away from the petitioner's shop, there has been no such objectionable 17/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 structures or instructions like, school, temple or hospital and moreover, there has been no objection for running the said shop from the local public as recorded by the Thasildar concerned, which has been endorsed by the District Collector in his report dated 21.09.2021.
23.Therefore, the prayer sought for by the petitioner to execute the order of the District Collector dated 21.06.2019 cannot be granted for the aforesaid reasons. Accordingly, the said prayer fails in legal scrutiny and therefore, it is liable to be rejected.
24.However, insofar as the alleged loss sustained by the petitioner by making some investment of hard earned money for constructing the structure to have the TASMAC shop as per the alleged assurance given by the District Administration as well as TASMAC Administration is concerned, it is open to the petitioner to approach the appropriate Civil Court to seek damages or compensation, if the petitioner is advised to do so and in that case, it is open to the petitioner to led in evidence, which include the order passed by the District Collector dated 21.06.2019 to locate the shop in the premises of the petitioner and based on which, he can get the judgment and decree on the basis of the merits from the 18/20 https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 concerned Civil Court. Therefore, that kind of relief by way of damages or compensation cannot be directed by this Court without having an evidence to prove that the petitioner has sustained the loss for which, he is entitled for damages or compensation.
25.Therefore with the above observations and liberty to the petitioner to approach the Civil Court for the alleged reason of getting damages or compensation, this Court feels that this Writ Petition can be dismissed. Accordingly, it is dismissed. However, there shall be no order as to costs.
27.09.2021 Index :Yes/No Internet : Yes/No ias/msg NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To The District Collector, Tirunelveli District, Tirunelveli.19/20
https://www.mhc.tn.gov.in/judis W.P.(MD).No.25072 of 2019 R. SURESH KUMAR.J., ias/msg Order made in W.P.(MD).No.25072 of 2019 Dated :
27.09.2021 20/20 https://www.mhc.tn.gov.in/judis