A writ petition challenging the location of a TASMAC shop was dismissed as infructuous since the authority informed the court that the proposal to open the shop had been stopped prospectively due to public objections.
Writ of mandamus dismissed as infructuous; connected miscellaneous petition closed.
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: 11/3/2019
C O R A M
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.6959 of 2019
K. Thangamani ... Petitioner
Vs
1. The District Collector
Salem District
Salem.
2. The Sub-Collector/
Revenue Divisional Officer
Mettur Revenue Division
Mettur Dam
Salem District.
3. The District Manager
TASMAC Limited
2/92 Santhiyur Village
S. Attaiyampatti Post
Salem.
4. The Inspector of Police
Karumalaikoodal Police Station
Mettur Dam 2
Mettur Taluk
Salem District. ... Respondents
WRIT Petition filed under Article 226 of the Constitution of
India, praying for the issuance of a writ of mandamus,
forbearing the respondents and their subordinates from
opening/establishing the TASMAC shop at TMP building, Mettur Dam
RS, Mettur Taluk, Salem District and its adjoining area of
Mettur Dam RS based on the representation of petitioner, dated
26/10/2018.
For petitioner ... Mr.M.R.Jothimanian For Respondents ... Mr.Akhil Akbarali Government Advocate for R.R.1, 2 and 4.
Mr.K.Sathish Kumar Standing Council for TASMAC/R.3.
O R D E R
(Order of the Court was made by S.Manikumar, J)
Opposing the location of TASMAC shop, at TMB Building, near Mettur Dam railway Station, Mettur Taluk, Salem District, petitioner seemed to have made a representation, dated 26/10/2018. Contending interalia that the said representation remains unanswered, instant writ petition has been filed, forbearing the respondents and their subordinates, from opening/establishing the TASMAC shop, at TMP building, Mettur Dam RS, Mettur Taluk, Salem District and its adjoining area of Mettur Dam RS.
2. When the matter came up for admission, on the basis of the instructions from the District Manager, Deputy Collector, TASMAC Limited, Salem, third respondent, Mr.K.Sathish Kumar, learned Standing Counsel for TASMAC/third respondent submitted that taking note of the objections of the public, the proposal to locate TASMAC shop is stopped. To substantiate his statement, he has produced a copy of the proceedings made in Na.Ka.No.1017/2018/A5, dated 9/3/2019.
3. In view of the above, no mandamus is required to be issued and hence, the instant writ petition is dismissed as infructuous. Proceeding issued by the District Manager, Deputy Collector, TASMAC Limited, Salem, third respondent, shall form part of the record. No costs. Consequently, the connected Miscellaneous Petition No.7698 of 2019 is closed.
Sub Assistant Registrar
mvs.
To
1. The District Collector
Salem District
Salem.
2. The Sub-Collector/
Revenue Divisional Officer
Mettur Revenue Division
Mettur Dam
Salem District.
3. The District Manager
TASMAC Limited
2/92 Santhiyur Village
S. Attaiyampatti Post
Salem.
4. The Inspector of Police
Karumalaikoodal Police Station
Mettur Dam 2
Mettur Taluk
Salem District.
+1 cc to M/s.K.Sathish Kumar, Advocate, S.R.No.22683
+1 cc to Mr.M.R.Jothimanian, Advocate, S.R.No.22791
+1 cc to the Government Pleader, S.R.No.23124
Writ Petition No.6959 of 2019
CP(CO)
SSM(09/04/2019).
1 provisions across 1 enactments
K. Thangamani
The District Collector, Salem District
The Sub-Collector/ Revenue Divisional Officer, Mettur Revenue Division
The District Manager, TASMAC Limited
The Inspector of Police, Karumalaikoodal Police Station
S. Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
