THANGARAJU Vs. DISTRICT COLLECTOR, RAMANATHAPURAM

JUDGEMENT

(1.) The petitioner Thangaraj was a licensee to sell snacks and collect empty bottles from the bar attached to TASMAC Shop No.6933, which is situated in SPM.Theatre lane, Paramakudi on Madurai - Ramanathapuram Road.

(2.) The petitioner has approached this Court with a grievance that at the instigation of respondents 5 to 7, who are running a recreation club and a lodge in the name of SMY Lodge and Lucky Recreation Club, a decision has been taken by the District Administration to shift the TASMAC Shop No.6933 to some other place.

(3.) According to the petitioner this TASMAC Shop is situated just opposite to the said lodge and recreation club belonging to the respondents 5 to 7. The respondents 5 to 7 thinking that this TASMAC shop is affecting their business, had instigated the 8th respondent / a politician to file a public interest litigation. The 8th respondent the office bearer of a political party has filed a writ petition in WP(MD)No.21949 of 2022 that the TASMAC Shop No.6933 is functioning as against the guidelines and therefore, it needs to be shifted. This Court disposed that writ petition without expressing any opinion on the merits of the representation, directing the District Collector, Ramanathapuram District to consider the representation of 8th respondent and to take a decision within a stipulated time by providing opportunity of hearing to the parties concerned. Pursuant to the order, the District Collector has also issued notice to the TASMAC Manager and to this petitioner on 23/3/2023 for conducting enquiry on 30/3/2023. Therefore, the petitioner has filed this writ petition seeking a writ of mandamus not to shift the TASMAC Shop without complying with the orders of this Court in WP(MD)No.21949 of 2022, dtd. 24/1/2023.