Writ petition filed to restrain respondents from opening a second TASMAC shop. The court dismissed the petition, finding no violation of rules, and closed the connected miscellaneous petition.
Petition to forbid opening of second TASMAC shop dismissed; First respondent free to take appropriate decision.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD)No.5218 of 2018 and WMP(MD)No.5200 of 2018
Kamaraj
.. Petitioner
Vs.
1.The District Collector, Office of the District Collector, Tirunelveli District, Tirunelveli.
2.The District Manager, TASMAC, IMFS Depot, TASCO Unit, Melapalayam, Tirunelveli. .. Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents from opening or relocating any second TASMAC retail shop in South Nanguneri Village, Nanguneri Taluk, Tirunelveli District by considering the petitioner's representation dated 05/02/2018. For Petitioner : Mr.K.Navaneetharaja For R1 : Mr.K.Saravanan Government Advocate For R2 : Mr.B.Jameel Arasu Standing Counsel
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.]
This writ petition has been filed seeking Writ of Mandamus, forbearing the respondents from opening or relocating the second TASMAC shop in South Nanguneri Village.
2.When the matter is taken up for hearing, the learned standing counsel appearing for the second respondent, based upon the counter filed, would submit that there is no other TASMAC shop in Naguneri Village. The proposed shop has already been erected, but not functioning and the second respondent has not violated any of the Rules.
https://hcservices.ecourts.gov.in/hcservices/ 3.In view of the above, we are not inclined to allow this writ petition. Accordingly, this writ petition is dismissed.
2
However, this order will not stand in the way of the first respondent in taking appropriate decision. No costs. Consequently, WMP(MD)No.5200 of 2018 is closed.
Sd/ Assistant Registrar(RTI)
/True copy/
Sub Assistant Registrar
To
The District Collector, Office of the District Collector, Tirunelveli District, Tirunelveli.
+1cc to M/s.Special Government Pleader,SR.No. 81291 +1cc to Mr.S.M.A.JINNAH, Advocate, SR.No. 81073 +1cc to Mr.B.JAMEEL ARASU, Advocate, SR.No. 81040
W.P(MD)No.5218 of 2018 29.08.2018
MJ
KK/RP/SAR-2/18.09.2018/2P-5C
1 provisions across 1 enactments
Kamaraj
District Collector, Tirunelveli District
District Manager, TASMAC, IMFS Depot
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
