G KANAGA BAI Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner has filed this Public Interest Litigation, seeking to direct the respondents to remove the TASMAC Shop No.4823 from the building in S.No.8-1A1B at Sangurutti Village, Adaikkakuzhi, Vilavancode Taluk, Kanyakumari District.

(2.) According to the petitioner, she is the District Committee Member of Communist Party of India (Marxist) and the State Committee Member of All India Democratic Womens Association and at present, she is the Board Member of Methukummal Primary Agricultural Co-operative Bank. The first respondent issued permission to function a TASMAC Shop at Door No.3/43-F, Padasalai to Kollankodu Sangurity, which is located in Adaikakuzhi Village Panchayat. On 12.07.2013, the Adaikakuzhi Village Panchayat passed a resolution No.58, opposing the opening of the TASMAC Shop in the said place. The action Committee also met respondent Nos.1 and 2 on 12.07.2013 and submitted a detailed representation. The Headmistress of St. Thomas M.S.C. Middle School, Mankuzhi also gave a representation on 12.07.2013 to the first respondent. The Principal of Saraswathy College of Nursing, Karode, Uchakkada also gave his objection on 12.07.2013. The local Member of Tamil Nadu Legislative Assembly namely Thiru. John Jacob, along with different political party members conducted protest / Dharna opposing the opening of TASMAC Shop on 17.07.2013, which was reported in Daily Thanthi newspaper Nagercoil Edition dated 18.07.2013. Despite the agitation and representation, the TASMAC Shop was opened in S.No.8-1A1B in Sankurutti Village, Adaikakuzhy Post, Vilavancode Taluk, Kanyakumari District.

(3.) It is stated by the respondents that as per the order of this Court, Shop No.4823 which was located in NH 45 at Padanthalumoodu was shifted and is now located at S.No.8-1A1B in Sankurutti Village, Adaikkakuzhi Post, Vilavancode Taluk, Kanyakumari District.