Petitioner challenged an order preventing the functioning of a TASMAC shop at their location. The court dismissed the writ petition because the order by the District Collector permitting the shift had not been challenged, leaving the matter disposed accordingly.
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.
W.P(MD)No.15511 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.04.2021
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P(MD) No.15511 of 2020 and W.M.P(MD)Nos.13017,13019 & 13020 of 2020
M.Thalapathy ... Petitioner
Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Deputy Collector/District Manager, TASMAC Ltd., Sivagangai District, Sivagangai.
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the second respondent dated 21.10.2020 in Na.Ka.A2/1161/2019 and quash the same and consequently direct the respondents to restore the functioning of business Shop No.7654 in the petitioner's place at S.No.182/2CIE, Door No.164/C, Vayulanenthal Village, Devakottai Taluk, Sivagangai District.
For Petitioner : Mr.J.Anandkumar For R1 : Mr.P.Kannidevan Additional Government Pleader For R2 : Mr.H.Arumugam
O R D E R
The above Writ Petition has been filed against the consequential order passed by the second respondent, consequent to the order passed by the District Collector, Sivagangai, to shift the shop from the existing premises in S.No.182/2CIE, Door No.164/C, Valuyanenthal Village, Muppaiyur Revenue Village, Devakottai Taluk, Sivagangai District.
2.The first respondent herein by order dated 19.10.2020, citing law and order problems and due to protest from the local https://hcservices.ecourts.gov.in/hcservices/
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W.P(MD)No.15511 of 2020
village people has directed to shift the shop from the existing premises (S.No.182/2CIE, Door No.164/C, Valuyanenthal Village, Muppaiyur Revenue Village, Devakottai Taluk, Sivagangai District) to the old address Survey No.138/3C, Door No.161, Thalakkavur Village, Muppaiyur Group, Devakottai Taluk, Sivagangai District.
3.Today when the matter is taken up for hearing, it is stated that the order of the District Collector has not been challenged by the petitioner and based on the order passed by the District Collector, Sivagangai, now the TASMAC shop has been shifted.
4.Considering the submission made by the learned counsel for the petitioner, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-16797[F] dated 21/04/2021)
W.P(MD) No.15511 of 2020 and W.M.P(MD)Nos.13017,13019 & 13020 of 2020 Dated 20.04.2021
JA(06.05.2021) 2P 4C
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1 issue framed by the court
Whether the writ petition challenging the order to shift a TASMAC shop and its consequential no-operation order should be dismissed when the underlying order was not previously challenged.
1 provisions across 1 enactments
M.Thalapathy
The District Collector, Sivagangai District
The Deputy Collector/District Manager, TASMAC Ltd.
J.Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
