Madras High Court
Ambigapathy vs The District Collector on 27 September, 2021
W.P.(MD).No.25072 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.09.2021
CORAM:
THE HON'BLE MR.JUSTICE R. SURESH KUMAR
W.P.(MD).No.25072 of 2019
Ambigapathy ... Petitioner
Vs.
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The District Manager,
TASMAC,
Munner Pallam,
Tirunelveli District. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, for the issuance of Writ of Mandamus, to direct the 2 nd respondent
to implement the order made by the 1st respondent in the proceeding in
Na.Ka.No.X.4/5019/2019 dated .06.2019 within a stipulated time as
directed by this Court.
For Petitioner : Mr.S.R.Anbarasu
For Respondents : Mr.D.Ghandhiraj
Government Advocate for R1
Mr.B.Jamel Arasu for R2.
1/20
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W.P.(MD).No.25072 of 2019
ORDER
The prayer sought for herein is for a Writ of Mandamus, to direct
the second respondent to implement the order made by the first
respondent in the proceeding in Na.Ka.No.X.4/5019/2019 dated .06.2019
within a stipulated time as directed by this Court.
2.The case of the petitioner is that there was a retail vending IFML
shop that is tasmac shop No.10848 at Viswanathapuram, Levingipuram
Village, Radhapuram Taluk, Tirunelveli District, which in fact located
near a national highway.
3.Pursuant to the order passed by this Court, all those tasmac retail
vending shops located in the national highway were directed neither to
be closed or relocated.
4.Accordingly, the said shop also since was located in the national
highway was to be relocated. Therefore, when the District Administration
along with TASMAC was searching for a suitable location to locate the
shop, the petitioner had come forward to provide his property. Where, as
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W.P.(MD).No.25072 of 2019
per the petitioner's case, based on the assurance given by the respondents
to locate the shop in the petitioner's premises, he having invested nearly
about Rs.7 to 10 Lakhs as claimed by him, has constructed the necessary
structure for the convenient location of tasmac shop No.10848 at Door
Nos.11/118 and 11/119 at S.No.106/3B1B at S.S.Puram Road,
Kudankulam Village, Radhapuram Taluk, that is the property belonged to
the petitioner.
5.After having been made ready of the said location and premises
for locating the tasmac Shop No.10848 and on satisfaction of the same,
the first respondent/District Collector by order dated 21.06.2019 has
passed the following order:-
“NkYk; ,f;filahdJ $ld;Fsk;
Cuhl;rpia rhh;e;jjhFk; vd;Wk;> mjd; kf;fs;
njhif 20>000-f;Fk; Fiwthf cs;sJ vd;Wk;>
gpu];jhg ,lj;jpypUe;J 220 kPl;lh; J}uj;jpw;Fs;
Njrpa neLQ;rhiy kw;Wk; khepy neLQ;rhiy
VJk; nry;ytpy;iy vd;Wk; njhptpj;Js;shh;.
NkYk; murhiz vz;.32 cs;> kJtpyf;F kw;Wk;
Maj;jPh;it (V) Jiw ehs; 21.05.2018-y;
njhptpj;Js;sgb cs;s epge;jidfspd;gb
cs;sjhy; jpUney;Ntyp khtl;lk;> ,uhjhGuk;
tl;lk;> nytpQ;rpGuk; fpuhkk;> tp];tehjGuk; gFjp>
fjT vz;.7-43N[ vd;w Kfthpapy; nray;gl;Lf;
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W.P.(MD).No.25072 of 2019
nfhz;LbUe;Jk;> nrd;id cah;ePjpkd;w ePjpg;
Nguhizapy; NjrPa neLQ;rhiyapy; mike;Js;s
kJghd;ffilfis mfw;wpl cj;jutplg;gl;Ls;sJ.
mjd;gb khtl;l Ml;rpah; mth;fspd;
cj;jutpd;gb fle;j 13.02.2016 Kjy; jw;fhypfkhf
%lg;gl;lJkhd kJghd rpy;yiw tpw;gid fil
vz;.10848-I jpUney;Ntyp khtl;lk;> ,uhjhGuk;
tl;lk;> $ld;Fsk; fpuhkk;> S.S.Guk; NuhL> fjT
vz;.11-118 kw;Wk; 11-119> rh;Nt vz;.106-3B1B
vd;w .................................
vdNt> khtl;l Nkyhsh;> lh];khf; ypl;>
jpUney;Ntyp kw;Wk; jpUney;Ntyp> cjtp Mizah;
(fyhy;) MfpNahhpfspd; Gyj;jzpf;if mwpf;ifapd;
mbg;gilapYk;> murhiz vz;.32 cs;> kJtpyf;F
kw;Wk; Maj;jPh;it (VI) Jiw ehs;:21.05.2018-y;
cs;s midj;J epge;jidfspd;gb cs;sjhYk;
jpUney;Ntyp khtl;lk;> ,uhjhGuk; tl;lk;>
$ld;Fsk; fpuhkk;> S.S.Guk; NuhL> fjT vz;.11-118
kw;Wk; 11-119> rh;Nt vz;.106-3B1B vd;w Kfthpapy;
kJghd rpy;yiw tpw;gid fil vz;.10848-I NkNy
fz;l Kfthpapy; jpwf;f mDkjpaspj;J ,jd;
%yk; cj;jutplg;gl;Ls;sJ.”
6.However, pursuant to the said order, the shop could not be
located and for the reasons best known to the respondents, they have not
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W.P.(MD).No.25072 of 2019
located the shop in the premises of the petitioner. Thereby, the petitioner
has been put to under heavy loss. Therefore in order to execute the order
passed by the District Collector/first respondent dated 21.06.2019, the
present Writ Petition has been filed with the aforesaid prayer.
7.When the Writ Petition came up for hearing, it was contended by
the learned counsel for the petitioner that though there is a TASMAC
shop in the nearby location of the present premises of the petitioner, there
has been no objection for having that shop and however, on the alleged
reason that the people of the locality have made objection to locate the
shop, it seems that the respondents have not implemented the order
passed by the first respondent/District Collector dated 21.06.2019.
8.Since the said stand had been taken by the petitioner, this Court
wanted to have report from the Thasildar as well as the District Collector
after having inspecting the premises concerned, so that further progress
can be made in this regard.
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9.Accordingly on 03.08.2021, this Court passed the following
order:-
“The first respondent, District Collector has
passed a detailed order on 21.06.2019, whereby he has
given permission to open the liquor shop under TASMAC
in Shop No.10848, at the premises belongs to the
petitioner. Pursuant to which, no further action had
been taken to open the liquor shop. Therefore, in order
to give mandatory direction to the respondents to
implement the order, this writ petition has been filed.
2.During the pendency of the writ petition, a typed
set of documents was filed on behalf of the second
respondent, that is the District Manager, TASMAC,
Munneer Pallam, Tirunelveli, who has annexed a one
page report or communication submitted by the
Tahsildar, namely, Radhapuram Tahsildar, dated
09.01.2020 addressed to the first respondent, District
Collector, having been forwarded by the second
respondent to the Government Counsel for TASMAC has
also been filed before this Court.
3.In the said report/proceedings, dated
09.01.2020, the Tahsildar concerned has stated the
following:
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“nkw;fz;l fil vz; 10848 id
Tld;Fsk; fpuhkk; ru;nt vz; 106/3 y;
mike;Js;s jpU.uh$nfhghy; j.bg&rptypq;f ehlhh;
vd;gtUf;F brhe;jkhd fl;olj;jpw;F khw;wp
bray;gLj;jpl ghh;itapy; fz;l khtl;l
Ml;rpj;jiyth; mth;fspd; bray;Kiwfspy;
cj;jutplg;gl;Ls;sJ. ,e;epiyapy; fpuhkg;g[wq;fspy;
tpisepyq;fspy; kJghd filfs; mikj;jpl
ePjpkd;wj;jpy; jil tpjpf;fg;gl;oUe;jjhft[k; jw;nghJ
jil tpyf;fg;gl;Ls;sjhft[k; nkw;fz;l filapid
jpwf;fg;glt[s;sjhft[k; bjhpatUfpwJ.
v];.v];.g[uk; gFjp kf;fspd; rhh;gpy; new;W
(08.01.2020) khiy nkw;go filapid
jpwg;gjhy; gs;sp kw;Wk; fy;Y}upf;F bry;Yk;
Fe;ijfSf;F ghjpg;g[ Vw;gLk; vd;Wk;> Vw;fdnt ½
fp.kP. J}uj;jpy; xU kJghd rpy;yiw tpw;gid fil
cs;sJ> vd;Wk; vdnt> g[jpajhf ,f;filapid
jpwf;f TlhJ vd;Wk; kD mspj;Js;sdh;.
,e;epiyapy; ,d;W (09.01.2020) nkw;go
filf;F kJghdq;fis ,wf;Ftjw;fhf yhhpapy;
kJghdq;fs; bfhz;L tug;gLtij mwpe;j ,g;gFjp
kf;fs; Rkhh; 60 egh;fs; ,f;filapid> jpwf;f
TlhJ vd;Wk; ,f;filapid
kJghdq;fs; ,wf;fpl mDkjpf;fkhl;nlhk; vd;Wk;
vjph;g;g[ bjhptpj;J tUfpd;wdh; nkw;fz;l filapid
jpwf;Fk; gl;rj;jpy; rl;lk; xGq;F gpur;rid Vw;gl
tha;g;g[ cs;sJ vd;gij gzpt[ld;
bjhptpj;Jf;bfhs;fpnwd;.”
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W.P.(MD).No.25072 of 2019
4.Pursuant to this report, what further action had
been taken by the first respondent, District Collector has
not been stated sofar and in this regard, the learned
Government Advocate wants sometime to file a report by
the first respondent, District Collector.
5.In this regard, it is to be noted that if at all any
objection has come from the local people for opening the
shop on the alleged reason that it will affect the school
going children, on what basis the shop already been
located just half a kilometer from the present location is
being permitted to run. Therefore, in this regard, the
Tahsildar concerned has not given the full details of the
ground reality in his report dated 09.01.2020 and on
prima facie, this Court feels that it is the partisan report
submitted the Tahsildar concerned. Therefore, present
Tahsildar is directed to go to the shop already located
and is running, which has been mentioned in the report
dated 09.01.2020 and also the present location of the
petitioner's premises to locate the shop and file a
detailed report to the first respondent District Collector,
to that effect based on which, the stand of the first
respondent District Collector to open the shop in
question in the premises of the petitioner already
decided in the order referred to above shall be spelt out
and accordingly, a detailed report by the first
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W.P.(MD).No.25072 of 2019
respondent, District Collector shall be filed before this
Court before the next hearing.
6.Post the mater on 18.08.2021.”
10.Pursuant to the said order passed by this Court dated
03.08.2021, Mr.D.Gandhiraj, learned Government Advocate appearing
for the first respondent has filed the report of the Thasildar concerned as
well as the first respondent/District Collector.
11.In the report of the Thasildar, dated 17.09.2021, he has stated
the following:-
“nrd;id cah;ePjpkd;w kJiu fpis tof;F
vz;.WP(MD)25072/2019-d; jPh;g;gpy; 9.1.2020
tl;lhl;rpah;> ,uhjhGuk; mwpf;ifapy; Fwpg;gpl;Ls;sthW
Gjpjhf jpwf;f mDkjpf;fg;gl;l ,lj;jpy; gs;sp
nry;Yk; Foe;ijfs; ghjpf;fg;gLtjhf mg;gFjp
kf;fs; Ml;Nrgiz njhptpj;jjhf njhptpj;Js;sdh;
vdpy; mjd; mUfpy; ½ fp.kP J}uj;jpy; ,aq;fp tUk;
fil ve;j mbg;gilapy; mDkjpaspf;fg;gl;L ,aq;fp
tUfpwJ vdTk; tl;lhl;rpah; mwpf;ifapy; Nkw;gb
epyj;jpd; KG tpguq;fSk; njhptpf;fg;gltpy;iy vdTk;
jw;Nghija tl;lhl;rpah; Nkw;gb ,lj;ijAk; Vw;fdNt
,aq;fptUk; filapid ghh;itapl;Lk; tprhhpj;J
uhjhGuk; tl;lhl;rpah; jdJ tphpthd mwpf;ifapid
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Kjy; gpujpthjpahd khtl;l Ml;rpj;jiytUf;F
rkh;g;gpf;f Ntz;Lk; vdTk; mjd; mbg;gilapy; Kjy;
gpujpthjpahd khtl;l Ml;rpj;jiyth; jdJ tphpthd
mwpf;ifapid ePjpkd;wj;jpy; mLj;j tprhuizapy;
rkh;g;gpf;f Ntz;Lk; vdTk; mwpTWj;jg;gl;Ls;sJ.
,jd;gb 15.09.2021 md;W Nrud;kfhNjtp
Nfhl;lfyhy; mYtyh; kw;Wk; ,uhjhGuk; tl;lhl;rpah;
kw;Wk; rhh;epiy mYtyh;fSld; Gjpjhf 10848
rpy;yiw kJghdf;fil jpwf;f cs;s ,lk; Gyvz;.
106/3B1B kw;Wk; Vw;fdNt ,aq;fp tUk; fil vz;
10846 Mfpait $l;lhf jyg;ghh;it nra;ag;gl;L
mwpf;if rkh;g;gpf;fg;gl;Ls;sJ.
mwpf;ifapd;gb Vw;fdNt ,aq;fptUk; fil
vz;.10846 filahdJ ,Uf;fd;Jiw gFjp 2
fpuhkj;jpy; Gjpajhf jpwf;f cs;s fil 10848-
d; ,lk; Gyvz;.106/3B1B ypUe;J Rkhh; 2 fp.kP
J}uj;jpy; cs;sJ. ,f;fil mike;Js;s ,lj;ij
Rw;wp 500 kPl;lh; J}uj;jpw;F Nfhtpy;fNsh>
FbapUg;GfNsh gs;spNah ,y;iy 100 kPl;lh;
njhiytpy; xU Nfhopg;gz;iz kl;Lk; cs;sJ.
njw;F jpirapYk; 100 kPl;lh; njhiytpy; xU
Nfhopg;gz;iz cs;sJ. ,f;filapy; jpdrhp
ruhrhpahf 2.5 yl;rk; tiu tpw;gid eilngw;W
tUfpwJ. nghJkf;fs; Ml;Nrgiz vJTk; ,Jtiu
tutpy;iy vd tl;lhl;rpah; mwpf;ifapy; njhpa
tUfpwJ. Gjpajhf rpy;yiw kJghdf;fil vz.;
10848 jpwf;f cs;s ,lk; $lq;Fsk;
nkapd;Nuhl;bypUe;J v];.v];.Guj;jpw;F nry;Yk;
rhiyapy; mike;Js;sJ. ,e;j ,lk; Gyvz;.
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W.P.(MD).No.25072 of 2019
106/3B1B epyk; fpuhkf;fzf;Ffspd; gb
rptypq;fehlhh; kfd; ,uh[Nfhghy; vd;gth; ngahpy;
cs;sJ. Nkw;gb fil mika cs;s ,lj;jpy; 50
kPl;lh; njhiytpy; rh];jh Nfhtpy; xd;W cs;sJ.
Nkw;F gFjpapy; 25 kPl;lh; njhiytpy; xU nty;bq;
filAk; mjd; mUfpy; xU Rliykhld; NfhtpYk;
mike;Js;sJ. ,f;fpuhkj;jpy; 105 tPLfs; cs;sd.
20>000-f;F Fiwthd kf;fs;njhif cs;sJ. Rkhh;
500 kPl;lh; njhiytpy; muR njhlf;fg;gs;sp kw;Wk;
muR kUj;Jtkid xd;Wk; cs;sJ. NkYk;
v];.v];.Guj;jpypUe;J gs;spf;F nry;Yk; khzt
khztpah;fs; ,e;j topahfj;jhd; $ld;Fsk;
fpuhkj;jpw;Nfh my;yJ mUfpy; cs;s NtW
fpuhkq;fSf;Nfh ,e;j ,lj;jpid jhz;b jhd; kf;fs;
nry;yNtz;Lk; njw;F gFjpapy; 1500 kPl;lh;
njhiytpy; $ld;Fsk; Ch;gFjp cs;sJ.
NkYk; ,j;jy Ma;tpd; NghJ Nkw;gb ,lj;jpy;
Gjpjhf kJghd rpy;yiw tpw;gid fil miktJ
njhlh;ghf mg;gFjp kf;fs; Ml;Nrgiz
njhptpj;Js;sdh; vd Nfhl;lfyhy; mYtyh;>
Nrud;kfhNjtpAk; ,uhjhGuk; tl;lhl;rpaUk; njspthf
$wpAs;shh; vd;w tpguj;jpid gzpTld;
njhptpj;Jf;nfhs;fpNwd;.
vdNt Gyvz;.106/3B1B epyj;jpy; Gjpa rpy;yiw
kJghdf;fil vz;.10848 jpwg;gjw;F Nkw;gb Ch;
kf;fspilNa Ml;Nrgiz cs;sJ vdTk;
Vw;fdNt ,aq;fp tUk; fil CUf;F 2 fp.kP
njhiytpy; cs;sjhy; mJ Fwpj;J Ml;Nrgiz
vJTk; ,y;iy vdTk;
njhptpj;Jf;nfhs;fpNwd;. ,j;Jld; fpuhkf;fzf;F
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efy;fisAk; tl;lhl;rpah; ,uhjhGuk; mwpf;ifapidAk;
,izj;J mDg;gpAs;Nsd;.”
12.Based on the said report of the Thasildar, the first
respondent/District Collector vide his report dated 21.09.2021 has made
the following:-
“Nkw;gb fil vz;.10848 $ld;Fsk; nkapd;
Nuhl;bypUe;J v];.v];.Guj;jpw;F nry;Yk; rhiyapy; 600
kPl;lh; njhiytpy; tlf;F jpirapy; Nuhl;bd; fPo;gf;fk;
mike;Js;sJ. ,f;fil $ld;Fsk; fpuhkk;> Gyvz;.
106/3B1B 0.09.00 n`f;Nlh; epyk; rptypq;f ehlhh; kfd;
,uh[Nfhghy; vd;gthpd; ngahpy; cs;sJ. ,f;filf;F
Nkw;F gf;fk; 50 kPl;lh; njhiytpy; rh];jh Nfhtpy;
cs;sJ. Nkw;F gf;fk; 25 kPl;lh; njhiytpy; nty;bq;
fil cs;sJ. tlf;F gFjpapy; 300 kPl;lh; njhiytpy;
v];.v];.Guk; Ch; FbapUg;G gFjp
cs;sJ. ,f;fpuhkj;jpy; nkhj;jk; 105 tPLfs; cs;sd.
Rkhh; 300 kf;fs; trpj;J tUfpd;wdh;> mjpy; Rkhh; 180
ngz;fs; 120 Mz;fs; trpj;J tUfpwhh;fs;. tlf;F
gFjpapy; 500 kPl;lh; njhiytpy; muR njhlf;fg;gs;sp
kw;Wk; muR kUj;Jtkid cs;sJ.
v];.v];.Guj;jpypUe;J gs;spf;F nry;Yk; khzt
khztpah;fs; ,e;j topahfj;jhd; $ld;Fsk;
fpuhkj;jpw;f;Nfh my;yJ mUfpy; cs;s NtW
fpuhkq;fSf;Nfh ,e;j filia jhz;bjhd; gs;spf;F
nry;y Ntz;Lk;. njw;F gFjpapy; 1500 kPl;lh;
njhiytpy; $ld;Fsk; Ch; gFjp cs;sJ. NkYk;
Ma;tpd;NghJ gpu];jhg epyj;jpy; kJghd rpy;yiw
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tpw;gid fil miktJ njhlh;ghf mg;gFjp kf;fs;
Ml;Nrgiz njhptpj;Js;sdh;.
NkYk; ,f;filapy; ,Ue;J Vw;fdNt ,aq;fp
nfhz;bUf;Fk; fil vz;.10846 ,Uf;fd; Jiw gFjp-2
fpuhkj;jpy; mike;Js;sJ. Nkw;gb filapypUe;J
Gjpa filf;F cs;s J}uk; Rkhh; 2 fpkP Nky;
cs;sJ. ,e;j fil rq;fNdhp nry;Yk; ghijapy;
mike;Js;sJ. ,f;filia Rw;wp 500 kPl;lh;
J}uj;jpw;F Nfhtpy;fNsh FbapUg;GfNsh ,y;iy.
tlf;F jpirapy; 100 kPl;lh; njhiytpy; Nfhop gz;iz
mike;Js;sJ. Njw;F jpirapy; 100 kPl;lh;
njhiytpy; kw;nwhU Nfhop gz;iz mike;Js;sJ.
tlNkw;F jpirapy; 400 kPl;lh; njhiytpy; rh];jh
Nfhtpy; mike;Js;sJ vd;gij gzpTld;
njhptpj;Jf;nfhs;fpNwd;. ,j;Jld; fpuhkf;fzf;Ffs;
kw;Wk; tiuglq;fs; ,izj;Js;Nsd;.”
13.Relying upon these two reports filed by the Thasildar as well as
the first respondent/District Collector, the learned Government Advocate
would contend that, the Thasildar after having conducted spot inspection
filed the report with field map, where, the surroundings of the location of
the proposed shop that is the property belonged to the petitioner has been
clearly mentioned. Therefore on the four sides of the property concerned
of the petitioner, there are activities going on and based on which, the
location of the proposed tasmac shop is objectionable. According to the
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report, within 50 metre, there is a temple called Sastha Temple and in
another 50 metre, there is a temple called Sudalaimadasamy Temple.
Within 300 metres on the northern side, the residential area of S.S.Puram
is located. 500 metres from the shop, there is a government primary
school as well as hospital. The people who want to go to Kudangulam
village and nearby villages have to take the same route, where the
proposed shop is location is located and therefore, during the inspection,
there has been an objection from public.
14.Whereas in respect of the Shop No.10846, which has already
been functioning in Irukandurai Part-II, it is located 2 Kms away from
the present premises and there is no objectionable institutions like
school, hospital or temple located and only 500 metres away from that
location, the temples were located. Therefore, the people had not
objected for the said shop No.10846.
15.Therefore, by taking this Court to the said reports submitted by
the Thasildar as well as the District Collector, the learned Government
Advocate would contend that, this is the reason why even though the
order passed by the District Collector to have the tasmac shop in question
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at the petitioner's premises, that could not be materialized. Therefore, the
petitioner cannot seek a direction from this Court to implement the
earlier passed by the District Collector. Accordingly, the Writ Petition is
liable to be rejected, he contended.
16.However, Mr.S.R.Anbarasu, learned counsel appearing for the
petitioner vehemently contended that the petitioner is an agriculturist and
out of his hard earned money, he spent nearly about Rs.7 to 10 lakhs for
constructing the structure and farming road at the survey number referred
to above belongs to the petitioner to locate the tasmac shop No.10848
only on the basis of the assurance given by the respondents especially,
the first respondent/District Collector and after having constructed the
structure and after having verified the same, the District Collector has
passed a detailed order on 21.06.2019. Whereby, he had given permission
to open the shop in the petitioner's premises. However, because of some
business rivalries or for any special reasons attached to the local people
arising out of some personal hatred against the petitioner, they have
created some artificial objections and that was taken into account by the
District Administration as well as the TASMAC Administration and they
stick on to the decision that they have taken not to locate the shop in the
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petitioner's premises, which is unadjusted arbitrary. Therefore, the
learned counsel appearing for the petitioner seeks indulgences of this
Court to issue a direction as prayed for.
17.The learned counsel appearing for the petitioner would also
submit that, if ultimately this Court has not accepted the plea of the
petitioner, insofar as the loss sustained by the petitioner for having
invested his hard earned money to put up structure for locating TASMAC
shop as per the assurance given by the District Collector, the petitioner
seeks that, he is entitled to get damages and compensation and that
should be ordered to compensate the petitioner adequately for the loss
sustained by him.
18.I have considered the said rival submissions made by the
learned counsel appearing for parties and have perused the materials
placed before this Court.
19.Since the earlier decision taken by the respondents that the
proposed TASMAC shop can be located in the premises of the petitioner
has been changed for the reason that there has been an objection from the
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W.P.(MD).No.25072 of 2019
local people, this Court wanted to know the actual ground reality, hence,
this Court by order dated 03.08.2021, as quoted herein above, issued a
direction to the Tahsildar as well as the District Collector to file a report
after inspecting the spot concerned.
20.Accordingly, the aforesaid reports have been filed by the
Thasildar and the District Collector and the relevant portions of the same
had already been quoted herein above.
21.The details of the objections and the locality of the proposed
TASMAC shop in the premises of the petitioner had been clearly
explained by the Thasildar, which has been accepted by the District
Collector. Therefore, in view of the objections from the local people, as
the premises of the petitioner, where the proposed location originally was
found out is statically placed amidst the public and residential locality
surrounded by temples, school, hospital etc.
22.However, in respect of other shop, which was compared
vehemently by the petitioner's counsel, which is located 2 Kms away
from the petitioner's shop, there has been no such objectionable
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W.P.(MD).No.25072 of 2019
structures or instructions like, school, temple or hospital and moreover,
there has been no objection for running the said shop from the local
public as recorded by the Thasildar concerned, which has been endorsed
by the District Collector in his report dated 21.09.2021.
23.Therefore, the prayer sought for by the petitioner to execute the
order of the District Collector dated 21.06.2019 cannot be granted for the
aforesaid reasons. Accordingly, the said prayer fails in legal scrutiny and
therefore, it is liable to be rejected.
24.However, insofar as the alleged loss sustained by the petitioner
by making some investment of hard earned money for constructing the
structure to have the TASMAC shop as per the alleged assurance given
by the District Administration as well as TASMAC Administration is
concerned, it is open to the petitioner to approach the appropriate Civil
Court to seek damages or compensation, if the petitioner is advised to do
so and in that case, it is open to the petitioner to led in evidence, which
include the order passed by the District Collector dated 21.06.2019 to
locate the shop in the premises of the petitioner and based on which, he
can get the judgment and decree on the basis of the merits from the
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W.P.(MD).No.25072 of 2019
concerned Civil Court. Therefore, that kind of relief by way of damages
or compensation cannot be directed by this Court without having an
evidence to prove that the petitioner has sustained the loss for which, he
is entitled for damages or compensation.
25.Therefore with the above observations and liberty to the
petitioner to approach the Civil Court for the alleged reason of getting
damages or compensation, this Court feels that this Writ Petition can be
dismissed. Accordingly, it is dismissed. However, there shall be no
order as to costs.
27.09.2021
Index :Yes/No
Internet : Yes/No
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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
The District Collector,
Tirunelveli District,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.25072 of 2019
R. SURESH KUMAR.J.,
ias/msg
Order made in
W.P.(MD).No.25072 of 2019
Dated :
27.09.2021
https://www.mhc.tn.gov.in/judis
