Writ petition directed to close a TASMAC shop was dismissed as the shop was already restrained by an interim order and being relocated under a dispute between owners.
The writ petition was dismissed with no costs as a writ of mandamus was no longer necessary given the existing interim stay and relocation decision.
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: 9/7/2019 C O R A M
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.15070 of 2019
C.Suresh
... Petitioner
Vs
1. The District Collector Kancheepuram District, Kancheepuram.
2. The Managing Director/Chairman TASMAC Ltd Chennai 600 008.
3. The Manager TASMAC Ltd Kancheepuram District.
4. K. Chandran ... Respondents
(R.4 impleaded vide order dated 24/6/2019 made in W.M.P.No.16972 of 2019 in W.P.No.15070 of 2019 by SMKJ & SPJ)
Prayer Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents to close TASMAC shop No.4144 at Station Road, 15 th Ward, Chittalapakkam Panchayat, Tambaram Taluk, Kancheepuram District. For petitioners ... Mr.A.Sankarakutralingam For respondents ... Mr.Akhil Akbar Ali Government Advocate for R.1 Mr.P.Arumugarajan Standing Counsel for TASMAC - R.R.2 and 3. Mr.K.Selvaraj for R.4.
- - - - - -
15 th
O R D E R
(Order of the Court was made by S.Manikumar,J)
Instant writ petition has been filed, to direct the respondents, to close TASMAC shop No.4144, at Station Road, 15 th Ward, Chittalapakkam Panchayat, Tambaram Taluk, Kancheepuram District.
2. On instructions from the District Manager, TASMAC Limited, Kancheepuram, Mr.P.Arumugarajan, learned Standing Counsel for TASMAC, respondents 2 and 3 submitted that TASMAC Shop No.4144 was opened, in Door No.162/129, Sanitorium, East Tambaram, Tambaram Taluk, on 7/8/2018, as per the proceeding of the District Collector, Kancheepuram (North) District. There was a dispute between the owner of the building, in which Shop was located and the owner of the bar attached to the said shop and hence, TASMAC Ltd., decided to relocate a new shop from the existing place.
3. Record of proceeding shows that even though stay petition has not been filed, this Court, vide, order, dated 29/5/2019, has granted an interim order, to restrain the respondents, from running the said shop. It is the submission of the learned counsel for TASMAC that since then TASMAC shop is not functioning, Now a decision has been taken to relocate the shop.
4. Placing on record the submission of the learned counsel for TASMAC, there is no need to issue a writ of mandamus, directing the respondents, to close TASMAC Shop No. 4144, at Door No.162/129, Sanitorium, East Tambaram, Tambaram Taluk. Accordingly, writ petition is dismissed. No costs.
Sd/-
Assistant Registrar(insp cell)
//True Copy//
Sub Assistant Registrar
mvs.
To
1. The District Collector Kancheepuram District,Kancheepuram.
+1cc to Mr.A.Sankarakutralingam, Advocate SR.No.57530 +1cc to Mr.K.Selvaraj , Advocate SR.No. 57873 +1cc to Mr.P.Arumugarajan , Advocate SR.No. 57430
+1 cc to Government Pleader Sr.No. 58317
Writ Petition No.15070 of 2019
A.SK(14/08/2019)
1 provisions across 1 enactments
C. Suresh
The District Collector Kancheepuram District
Managing Director/Chairman TASMAC Ltd Chennai
The Manager TASMAC Ltd Kancheepuram District
K. Chandran
S. Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
