S NEELAGANDAN Vs. COMMISSIONER, TAMIL NADU CIVIL SUPPLIES AND CONSUMER PROTECTION DEPT , CHENNAI AND OTHERS

JUDGEMENT

(1.) The petitioner is aggrieved by the shifting of PDS shop No.5, BF020 stated to be run by the fourth respondent to the premises of the fifth respondent. It is the say of the petitioner that the place would be inconvenient where it is proposed to be shifted and the poorer sections of the society would be affected especially as the proposed site is inside a gated community where access is restricted. It is alleged that the fifth respondent, a resident association, consists of a influential section of society and unnecessarily the shop is sought to be shifted.

(2.) A counter-affidavit has been filed by respondents 1 to 3 stating that the final decision in respect of the shifting has not been taken and that in case the PDS shop is opened, access will be provided to everyone.

(3.) The fourth respondent has filed an affidavit explaining the difficulty in continuation of the PDS shop at the present location. There are stated to be drainage problems at the existing site whereby the drainage water is coming into the shop, there is nuisance of rats and cockroaches and since the essential commodities of food item are being sold, it is very difficult to run the shop from the existing premises. The owner is stated to have declined to remedy the position unless the site is vacated.