(Through Video Conferencing) vs The District Collector
2021 Latest Caselaw 6235 Mad

                                                                           W.P.(MD)No.5139 of 2019


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 09.03.2021

                                                      CORAM:
                              THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
                                                        AND
                               THE HONOURABLE MRS. JUSTICE S.ANANTHI

                                             W.P.(MD)No.5139 of 2019
                                           and WMP(MD) no.4128 of 2019
                                            (Through Video Conferencing)
                      A.Mangala Raj                                          : Petitioner
                                                     Vs.
                      1.The District Collector,
                        Tirunelveli
                        Tirunelveli District.

                      2.The Manager,
                        TASMAC
                        Tirunelveli District,
                        Munneerpallam
                        Tirunelveli.

                      3.The Tahsildar,
                        Kadayanallur Taluk
                        Kadayanallur
                        Tirunelveli District.                                : Respondents

                      PRAYER: Petition is filed under Article 226 of the Constitution of India
                      praying for the issue of a Writ of Mandamus to forbear the respondents
                      from running the TASMAC shop No.10683 with bar in D.No.4/144 in


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                                                                                 W.P.(MD)No.5139 of 2019


                      Mullikulampanchayat in Thalaivankottai Village in Kadayanallur Taluk
                      in Tirunelveli District.


                                     For Petitioner  : Mr.F.X.Eugene
                                     For Respondents : Mr.K.P.Krishnadoss
                                                     Special Government Pleader

                                                           ORDER

(Order of the Court was made by M.M.SUNDRESH, J.)

The present writ petition has been filed forbearing the respondents

from running a TASMAC shop No.10683 in D.No.4/144 in Mullikulam

panchayat, Thalaivankottai Village, Kadayanallur Taluk, Tirunelveli

District.

2.Following is the statement made in the counter affidavit filed:

“4.I submit that at the outset I submit that originally the TASMAC shop bearing No.10683 was already functioning at 1/1 Mela Ratha Veedhi, Chinthamani Village, Kadayanallur Taluk, Tirunelveli District since last so many years. However due to the Apex Court order for establishing the tasmac shops by maintaining certain distances on the NH roads etc., the said shop has been closed by this respondent. However thereafter by conducting special inspection as per the

http://www.judis.nic.in W.P.(MD)No.5139 of 2019

rules, as well as the judgment of the Apex Court, the present place was identified as a suitable place ie. Door No.4/144B comprised in S.No.113/17 situated at Ward No.4, Pambukoil Main Road, Mullikulam Panchayat, Thalaivankottai village, Tirunelveli District. Thereafter a proposal was sent to the first respondent/District Collector for approval of the said place to locate the said shop on 30.01.2019. The first respondent after following the due process of inspection by his officials and having satisfied that all the procedures were adopted by this respondent, has approved the said proposal to locate the said shop at the above said address vide his proceedings dated 30.01.2019. Accordingly the said shop was opened on 13.02.2019.

5.It is submitted and reiterated that the area where the above said shop has been opened is a dry vacant space and unlevelled land. Further, above said shop was opened as stated above by following all the requirements as per Tamilnadu Retail Vending (shops and Bar) Rules 2003 and also various orders passed by the Hon'ble Apex Court as well as our Hon'ble High Court, and after strict compliance of various rules, the said shop was opened. There is no temple, hospital or schools near the above said shop.

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6.It is submitted that the above writ petition is filed with oblique and personal motives and gains without any truth or valid reasons. There is no public interest involved at all and the same is filed only for public interest on the ground of existence of burial ground which is not a legal ground.”

3. From the above, we do not find any illegality involved with

respect to the distance rules. The petitioner has also not produced any

material to substantiate the alleged violation. This Court cannot conduct

a roving enquiry in this aspect. Accordingly, the writ petition is

dismissed. No costs. Consequently connected Miscellaneous Petition is

closed.

                                                                   [M.M.S., J.] & [S.A.I., J.]
                                                                         09.03.2021
                      Internet    : Yes
                      RR

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.

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To

1.The District Collector, Tirunelveli Tirunelveli District.

2.The Manager, TASMAC Tirunelveli District, Munneerpallam Tirunelveli.

3.The Tahsildar, Kadayanallur Taluk Kadayanallur Tirunelveli District.

http://www.judis.nic.in W.P.(MD)No.5139 of 2019

M.M.SUNDRESH, J AND S.ANANTHI, J

RR

Order made in W.P.(MD)No.5139 of 2019

Dated: 09.03.2021

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