Petitioner challenged issuance of a new TASMAC shop. Respondent counsel clarified the shop had opened in March 2019. Petitioner withdrew the writ petition with liberty to challenge the opening order. Court dismissed the petition as withdrawn.
Withdrawal of the writ petition granted with liberty to challenge the order permitting opening of the shop.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
WP.No.13799 of 2019
and
WMP.No.13872 of 2019
S.Palanisamy ...Petitioner
vs. 1. The District Collector, O/o.Collectorate Office, Coimbatore.
WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, forbearing the respondents from establishing new TASMAC shop at Arulmigu Block Mariamman Temple Land in Survey No.142/2A,
Coimbatore District in the light of the resolution passed in Arasur Gram Sabha meeting dated 26.01.2019 and the petitioner's representation dated 25.02.2019 and the 5th respondent sent letter to the 1st respondent dated 06.03.2019.
For Petitioner : Ms.RM.Sowmiah
For Respondents: Mr.E.Manoharan (for R1 & R5) Mr.K.Sathishkumar (for R2 to R4)
ORDER
(Order of the Court was made by S.MANIKUMAR, J)
Petitioner has sought for a writ of mandamus, forbearing the respondents from establishing a new TASMAC shop in Arulmigu Block Mariamman Temple Land in Survey No.142/2A, Coimbatore District in the light of the resolution passed in Arasur Gram Sabha meeting dated 26.01.2019 and the petitioner's representation dated 25.02.2019 and the letter of the Special Officer, Arasur Panchayat, Coimbatore the 5th respondent herein to the District Collector, Coimbatore, the 1st respondent herein dated 06.03.2019.
2. On Notice Mr.K.Sathishkumar, learned standing counsel for TASMAC submitted that TASMAC shop has already been opened in the month of March 2019.
3. When attention of the above was brought to the notice, Ms.RM.Sowmiah, learned counsel for the petitioner seeks permission to withdraw the writ petition with liberty to challenge the order permitting opening of the shop. She has also made an endorsement to that effect.
4. Granting liberty as prayed for, instant writ petition is dismissed as withdrawn. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed. ars
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
3. The Regional Manager,
Tamil Nadu State Marketing Corporation Ltd., No.305A, Vilankurichi Road, Peelamedu Railway Station Back Side, Chintamani Co-operative Society Depot, Peelamedu, Coimbatore - 641 004.
Tamil Nadu State Marketing Corporation Ltd., No.305A, Vilankurichi Road, Peelamedu Railway Station Back Side, Chintamani Co-operative Society Depot, Peelamedu, Coimbatore - 641 004.
+1cc to Mr.S.Saravanan, Advocate, SR.No.44564/19 +1cc to Mr.K.Sathish Kumar, Advocate, SR.No.44614/19 +1cc to the Govt.Pleader, Vide Sr.No.44694/19
WP.No.13799 of 2019 and WMP.No.13872 of 2019
Kak(12/07/2019)
1 provisions across 1 enactments
S. Palanisamy
The District Collector, O/o. Collectorate Office, Coimbatore
The Chairman, Tamil Nadu State Marketing Corporation Ltd.
The Regional Manager, Tamil Nadu State Marketing Corporation Ltd.
The District Manager, Tamil Nadu State Marketing Corporation Ltd.
The Special Officer, Arasur Panchayat
S. MANIKUMAR
SUBRAMONIUM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
