Disposed

Father of the Constitution of India - Foundation v. The Secretary to Government

Madras HC24 Sept 2021WP/20466/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed for the removal of TASMAC shops to another location. It directed the petitioner to submit a detailed representation to the District Collector of Thiruvarur to initiate an inquiry and take a reasoned decision within three months, without adjudicating the merits of the grievance.

What did the court decide?

Petitioner permitted to carry a fresh, detailed representation to the District Collector; Collector directed to cause inquiry and take reasoned decision within three months.

Father of the Constitution of India - Foundation Vs… — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.09.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.20466 of 2021

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Father of the Constitution of India-Foundation (Dr.Ambedkar Foundation-India) Rep. by its Managing Trustee Pon.Dhammabala No.153/4, Intellectual Vihaar Rastha Eda Street, Attur Main Road Thiruthuraipoondi Thiruvarur District 614 713. ..Petitioner

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Vs.

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The Secretary to Government Revenue Department Secretariat, Chennai 600 009.

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The District Collector District Collectorate officer Thiruvarur District.

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The Revenue Divisional Officer Mannargudi, Thiruvarur District.

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The District Revenue Officer Thiruvarur, Thiruvarur District.

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The Deputy Collector and District Manager Tasmac, Thiruvarur.

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The Tahsildar Thiruthuraipoondi Taluk Thriuvarur District. ..Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 2 to 5 to consider petitioner's representation dated 09.12.2019 to shift the (1) TASMAC Shop No.9640, TASMAC Shop No.9637 at Thiruthuraipoodi Bus Stand and (2) TASMAAC Shop No.9796, Thiruthuraipoondi-Tiruvarur Main Road, Pazhavanar River

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https://hcservices.ecourts.gov.in/hcservices/

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Bed at Manali Village, Thiruthuraipooni Taluk to some other areas within a stiuplated time that may be fixed by this Hon'ble Court.

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For the Petitioner : Mr.N.Palanivel

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For the Respondents

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: Mr.P.Muthukumar

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State Govt. Pleader for respondents 1 to 4 & 6

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Mr.N.Damodaran Standing Counsel for respondent-5

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ORDER

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(Order of the Court was made by The Hon'ble Chief Justice)

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The petitioner desires that a Tasmac shop near Thiruthuraipoondi bus stand be removed to some other place.

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There are guidelines in place as to where a Tasmac shop may be established. The guidelines also provide for objections to be taken and for such objections to be addressed. The District Collector is ordinarily tasked with the duty of looking into any grievance as to whether any guideline has been breached in a Tasmac outlet being permitted to be opened at a particular place.

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Accordingly, W.P.No.20466 of 2021 is disposed by permitting the petitioner to carry a fresh, detailed representation in respect of the matters complained of to the second respondent District Collector of Thiruvarur, whereupon, such official will cause an inquiry to be made upon notice to all concerned, including Tasmac and the owner of the relevant outlet. The District Collector should take a reasoned decision in the matter within three months of the receipt of the petitioner’s representation in such regard and forward copies of his speaking order to all affected thereby, including to the petitioner. It is made clear that the merits of the petitioner’s grievance have not been gone into.

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There will be no order as to costs.

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Assistant Registrar(CS III)

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//True Copy//

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Sub Assistant Registrar

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tar

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https://hcservices.ecourts.gov.in/hcservices/

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To:
1.	The Secretary to Government Revenue Department Secretariat, Chennai 600 009.
2.	The District Collector, District Collectorate officer, Thiruvarur District.
3.	The Revenue Divisional Officer Mannargudi, Thiruvarur District.
4.	The District Revenue Officer Thiruvarur, Thiruvarur District.
5.	The Deputy Collector and District Manager Tasmac, Thiruvarur.
6.	The Tahsildar Thiruthuraipoondi Taluk Thriuvarur District.
+1c	c to Mr.N.Palanivel, Advocate, S.R.No.49597
	W.P.No.20466 of 2021
PM( CT(	CO) 29/09/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Father of the Constitution of India - Foundation v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

Father of the Constitution of India - Foundation v. The Secretary to Government

Case brief

What is this about?

What did the court decide?

What the court decided

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