The High Court directed the TASMAC District Manager to consider the petitioner's representation regarding the removal of a retail shop from land adjacent to his agricultural holding within four weeks.
Direction to the 3rd respondent to consider the petitioner's representation dated 30.04.2022 and pass an appropriate order on merits within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.06.2022
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.No.13678 of 2022 and W.M.P.No.12940 of 2022
Chezhiyan
...Petitioner
Vs.
Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing 3rd respondent to consider the representation dated 30.04.2022 of the petitioner in accordance with law by removing the TASMAC Retail shop No.9814 in Survey No.176/2 one Acre Nanja Land, Alangudi Village, Thiruvarur District.
For Petitioner : Mr.R.Sankarasubbu
For Respondents: Mr.P.Sathish
Additional Govt. Pleader for R1
O R D E R
The petitioner has filed this writ petition seeking for the issuance of Writ of Mandamus to direct 3rd respondent to consider the representation dated 30.04.2022 of the petitioner in accordance with law by removing the TASMAC Retail shop No.9814 in Survey No.176/2 one Acre Nanja Land, Alangudi
Village, Thiruvarur District.
2.The case of the petitioner is that he is an Agriculturist and cultivating one acre of Nanja land in Survey No.168/2, Alangudi Village. Adjacent to the above said land, the land in Survey No.172/2, which belongs to one Muruganantham was handed over to the TASMAC retail shop, in order to get more income. The customers of the TASMAC have been creating nuisance and the workmen is unable to carry out agricultural operation in the above said land.
3.In view of the same, the petitioner gave a representation dated 30.04.2022 to the 2nd respondent, to remove the retail TASMAC shop No.9814 from the land in Survey No.176/2, Alangudi Village. Till date, the same was not considered and hence, the present writ petition is filed.
4.In this circumstances Mr.R.Sankarasubbu, learned counsel appearing for the petitioner prays for issuance of a direction to the 3rd respondent to consider the petitioner's representation and dispose of the same within a stipulated time that may be fixed by this Court.
5.The learned Additional Government Pleader appearing for the 1st respondent has no objection for the said order being passed and he fairly conceded that the petitioner's representation dated 30.04.2022 shall be considered and appropriate order shall be passed in accordance with the law.
6.In view of the aforesaid submissions, without expressing any opinion on the merits of the case, this Court directs the 3rd respondent to consider the petitioner's representation dated 30.04.2022 and pass appropriate orders, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
7.Accordingly this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-IV)
//True Copy//
Sub Assistant Registrar
mka/gba
To:
W.P.No.13678 of 2022 and W.M.P.No.12940 of 2022
KJ(CO) RGA(05/07/2022)
1 issue framed by the court
Whether the High Court should direct the authorities to consider the petitioner's representation regarding the removal of a TASMAC retail shop from adjacent agricultural land.
1 provisions across 1 enactments
Chezhiyan
The District Collector, Thiruvarur District
The Managing Director, TASMAC Limited
The District Manager, Thiruvarur District
Muruganantham
Mohammed Shaffiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
