Mr.Akhil Akbar Ali, learned Government Advocate, takes notice on behalf of the respondents 1, 2 & 4 and Mr.B.Nedunchezhiyan, learned Standing Counsel takes notice on behalf of the third respondent. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself. Since, the order in this writ petition is passed without affecting the interest of the private respondents, as such in any manner, notice to them is dispensed with.
2. The petitioner is aggrieved against the proposed location of TASMAC shop in New Survey Nos.292/1 and 292/2 measuring to an extent of 3.31 acres in Saram Village, Tindivanam Taluk, by claiming that he is in possession and enjoyment of the said property as a mortgagee and that respondents 5 to 10, without having any right over such possession, are making an attempt to put up a TASMAC shop by illegally leasing the said property in favour of Tamil Nadu State Marketing Corporation.
3. Ventilating such grievance, the petitioner sent a legal notice to the private respondents on 22.05.2017 and also sent a representation to the third respondent on 17.06.2017. Needless to say, that it is for the third respondent to consider the said representation and dispose of the same on merits, after hearing both parties. Therefore, this writ petition is disposed of, only with a direction to the third respondent to consider the representation of the petitioner dated 17.6.2017 and pass orders on the same on its own merits and in accordance with law, after giving due opportunity of hearing to the petitioner and respondents 5 to 10. Since, K.RAVICHANDRABAABU,J.
mk/ms the petitioner claims to be in possession over the said property, the official respondents shall keep the proposal of locating the said TASMAC shop in abeyance, till an order is passed by the third respondent on the representation of the petitioner dated 17.06.2017 as directed supra. No costs. Consequently, connected miscellaneous petition is closed.
21.06.2017 Speaking/Non-speaking order Index : Yes/No mk/ms Note: Issue order copy on 22.06.2017 To
1. The Commissioner of Prohibition and Excise, Chepauk, Chennai - 600 005.
2. The District Collector, Villupuram District.
3. The District Manager, Tamil Nadu State Marketing Corporation (TASMAC), Retail Liquor Vending Shops, Villupuram District.
4. The Superintendent of Police, Villupuram District.
W.P.No.15619 of 2017 http://www.judis.nic.in