Petitioner sought mandamus to bar reopening of a previously closed TASMAC retail outlet at Keeranur, Pudukkottai, allegedly near a temple. The TASMAC District Manager reported no legal prohibition on the location. The Court found insufficient grounds and dismissed the petition, permitting reopening if the shop were actually reopened.
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W.P.(MD)No.21899 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.21899 of 2024 and W.M.P.(MD)No.18551 of 2024
R.Sasikumar
... Petitioner
-vs-
1.The Managing Director, TASMAC Limited, 4th Floor, No.6, Gandhi Irwin Road, CMDA Tower II, Egmore, Chennai - 600 008.
2.The District Collector, Pudukkottai District, Pudukkottai.
3.The District Manager, TASMAC, Pudukkottai District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus forbearing the respondents from opening TASMAC retail out-let in S.No.585/29, situated nearer to the Keeranur Bus Stand,
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W.P.(MD)No.21899 of 2024
Pudukkottai District and within the prohibited distance from Arulmigu Karuppu Koil, on the basis of the representation sent by the petitioner dated 30.07.2024.
For Petitioner : Mr.M.Rajarajan for Mr.S.Senthur Pandian For R1 and R3 : Mr.H.Arumugam Standing Counsel For R2 : Mr.P.Thilakkumar Government Pleader
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
The petitioner's grievance is that the TASMAC shop situated at S.No.
585/29 in Keeranur, Kulathur Taluk, Pudukkottai District, which was previously closed, is being attempted to be reopened at the same location.
2 . The District Manager, TASMAC, Pudukkottai, has addressed a
letter to the learned Standing Counsel for the TASMAC, which reads as follows:-
'' GJf;Nfhl;il khtl;lk;> Fsj;J}h; jhYfh> fPuD}h; fpuhk Gy vz;.585 / 29> gl;lh vz;.1601y; kJghdf;fil jpwg;gjw;F Ml;Nrgiz njhptpj;J GJf;Nfhl;il khtl;lk;> GJf;Nfhl;il jhYfh tlthsk;> jz;zPh;ge;jy;gl;bapy; trpf;Fk; jpU. R .rrpf;Fkhu;>
Page 2 of 5
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W.P.(MD)No.21899 of 2024
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Nkw;fz;l Kfthpapy; kJghdf;fil jpwg;gjw;F NgUe;Jepiyak; mUfpy; cs;sjhy; nghJkf;fs; Ml;Nrgid njhptpj;Js;sjhYk;> rl;lk; xOq;F gpur;ridia fUj;jpy; nfhz;Lk; Nkw;fz;l Kfthpapy; kJghdf;fil jpwg;gjw;F eltbf;if VJk; vLf;fg;gltpy;iy vd;gijg; gzpTld; njhptpj;Jf;nfhs;fpNwd;. ''
3 . In light of the above, we do not find sufficient grounds to issue the
Mandamus as prayed for. Hence, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. However, it will be open to the petitioner to seek reopening of the Writ Petition, if there is any attempt to reopen the TASMAC shop at the same location.
NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 13.09.2024 smn2 To:-
1.The Managing Director, TASMAC Limited, 4th Floor, No.6, Gandhi Irwin Road,
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W.P.(MD)No.21899 of 2024
CMDA Tower II, Egmore, Chennai - 600 008.
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W.P.(MD)No.21899 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
smn2
W.P.(MD)No.21899 of 2024 and W.M.P.(MD)No.18551 of 2024
13.09.2024
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1 issue framed by the court
Whether a writ of mandamus should issue to prevent reopening of a closed TASMAC shop near a temple and bus stand.
1 provisions across 1 enactments
R.Sasikumar
The Managing Director, TASMAC Limited
The District Collector, Pudukkottai District
The District Manager, TASMAC, Pudukkottai District
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
