Madras High Court
R.Nandakumar vs The District Manager (Tasmac) on 3 August, 2018
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
In the High Court of Judicature at Madras Dated : 03.8.2018 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.19851 of 2018 & WMP.No.23300 of 2018 R.Nandakumar ...Petitioner Vs 1.The District Manager (TASMAC), East Thiruvallore District-East Thiruvallore District, No.1, Bangalore Highway Road, Sembarambakkam-602103. 2.TamilNadu state Marketing Corporation Ltd.(TASMAC), Rep by its Managing Director, Thalamuthu Natarajan Building Gandhi Irvin Road, Egmore, Chennai-8. 3.The Senior Regional Manager, TamilNadu State Marketing Corpn.Ltd (TASMAC), No.735, LLA Building, 4th Floor, Anna Salai, Chennai-2. 4.The District Collector, Thiruvallore District, Thiruvallore. ...Respondents PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents, their men, people and agents or subordinates or any other persons claiming through them from in any manner locating or permitting any TASMAC shop or bar or both at No.10, Brindavan Colony, Vanagaram Main Road, Athipattu, Chennai-58 by considering the representation dated 11.7.2018. For Petitioner : Mr.S.Balasubramanian For Respondents 1 to 3 : Mr.P.Arumugha Rajan For Respondent-4 : Mr.R.P.Prathap Singh, GA ORDER
Mr.P.Arumugha Rajan, learned Standing Counsel accepts notice for respondents 1 to 3. Mr.R.P.Prathap Singh, learned Government Advocate accepts notice for the fourth respondent. Heard both. By consent, the writ petition itself is taken up for final disposal.
2. The petitioner, who is claiming to be a resident of Brindavan Colony, Vanagaram Main Road, Athipattu, Chennai-58, seeks a direction to the respondents to consider his representation dated 11.7.2018 and not to permit any TASMAC shop or bar at No.10, Brindavan Colony, Vanagaram Main Road, Athipattu, Chennai-58.
3. This Court has perused the said representation dated 11.7.2018 given by the petitioner and finds that it is vague and that there is no specific averment made in the said representation as regards infringement of the statutory rule. Therefore, based on such representation, this Court cannot direct the respondents to take any action. In any event, it is the fourth respondent, who is the Competent Authority, to grant permission for location of a TASMAC retail vending shop.
4. Accordingly, the writ petition is disposed of by directing the petitioner to submit a fresh representation to the fourth respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of such a representation, the fourth respondent shall direct one of his officers to conduct a surprise inspection of the area and regarding the location and receiving a report, pass a speaking order on merits and in accordance with law within three weeks therefrom. No costs. Consequently, the connected WMP is closed.
03.8.2018 Internet : Yes To
1.The District Manager (TASMAC), East Thiruvallore District-East Thiruvallore District, No.1, Bangalore Highway Road, Sembarambakkam-602103.
2.The Managing Director, TamilNadu state Marketing Corporation Ltd.
(TASMAC), Thalamuthu Natarajan Building, Gandhi Irvin Road, Egmore, Chennai-8.
3.The Senior Regional Manager, TamilNadu State Marketing Corpn.Ltd.
(TASMAC), No.735, LLA Building, 4th Floor, Anna Salai, Chennai-2.
4.The District Collector, Thiruvallore District, Thiruvallore.
RS T.S.SIVAGNANAM,J RS WP.No.19851 of 2018& WMP.No.23300 of 2018 03.8.2018