Disposed

V.Suryamoorthy v. The district Collector

Madras HC7 Oct 2021WP/21861/2021

Case brief

AI extract

What is this about?

This order disposed of a writ petition seeking a mandamus to prevent the shifting of a TASMAC shop or opening of a new outlet. The Court directed the District Collector to dispose of the petitioner's representation after giving a show-cause opportunity to the opposing respondent within eight weeks.

What did the court decide?

Mandamus to District Collector to dispose of representation dated 15.09.2021 on merits after showing cause to the 5th respondent within eight weeks.

V.Suryamoorthy Vs The district Collector — Service and Employment | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.10.2021

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CORAM

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THE HON'BLE Mr.JUSTICE M.SUNDAR

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W.P.No.21861 of 2021 and W.M.P.No.23046 of 2021

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V.Suryamoorthy S/o.Vairakannu

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. ...Petitioner

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-Vs.-

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The District Collector Collectorate Tiruvarur.

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The District Manager TASMAC

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Tiruvarur and Post Tiruvarur District.

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The Excise Officer Taluk Office Mannargudi Tiruvarur District.

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The Inspector of Police Prohibition Enforcement Wing Muthupettai Road Thiruthuraipoondi and Post Tiruvarur District.

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A.Maria Thiraniyan, S/o.Arulappan. ...Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 4 as not to shift the existing TASMAC shop situated at Thanikottam Village or open any new TASMAC outlet in the building and premises belonging to the 5^th respondent.

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For Petitioner : Mr.K.M.Subrahmaniam

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For Respondents : Mr.NRR.Arun Natarajan Government Advocate

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

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O R D E R

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In the Admission Board, Mr.K.M.Subrahmaniam, learned counsel for writ petitioner submits that notwithstanding the expansive prayer in the writ petition, he abridges/restricts the prayer for the present in the captioned writ petition, preserving his rights for post disposal (of representation) proceedings if any. It is learned counsel's say that it will suffice, if there is a simple mandamus/directive to the first respondent to dispose of his representation dated 15.09.2021 (at Page Nos.17 and 18 of typed set of papers), a scanned reproduction of which is as follows:

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

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Mr.NRR.Arun Natarajan, learned State counsel accepts notice on behalf of the respondents 1 to 4. To be noted, the 5^th respondent is a private respondent.

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In the light of the simple Mandamus prayer, this Court is of the view that the captioned main writ petition can be disposed of by making an order which is not adverse to 5^th respondent and which also protects the interest of 5^th respondent. To be noted, there will be a safety valve in this regard in the directive portion.

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Captioned Writ Petition is disposed of with a simple directive to first respondent to dispose of writ petitioner's representation dated 15.09.2021 on its own merits and in accordance with law, after giving an opportunity to 5^th respondent to show cause and call for objections, if any from 5^th respondent. To be noted, this is the safety valve referred to supra. Such disposal shall be done as expeditiously as possible and in any event, within eight weeks from today i.e., on or before 21.12.2021. A copy of the disposal shall be served

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

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on the writ petitioner and 5^th respondent under due acknowledgment within five working days from the date of disposal.

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Though obvious, it is made clear that this Court has not expressed any view or opinion on merits of the matter. Consequently, connected miscellaneous petition is also disposed of. There shall be no order as to costs.

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Sd/-

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Assistant Registrar(CS II)

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/True Copy//

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Sub Assistant Registrar

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mk/nsa

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The District Collector Collectorate Tiruvarur.

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The District Manager TASMAC Tiruvarur and Post

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Tiruvarur District.

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The Excise Officer

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Taluk Office Mannargudi

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Tiruvarur District.

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The Inspector of Police Prohibition Enforcement Wing Muthupettai Road Thiruthuraipoondi and Post Tiruvarur District.

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+1 cc to the Government Pleader,Sr.53232

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W.P.No.21861 of 2021 and W.M.P.No.23046 of 2021

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PMK[co]

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NSK 22/10/2021

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

V.Suryamoorthy v. The district Collector

Case brief

What is this about?

What did the court decide?

V.Suryamoorthy v. The district Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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