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R.Poomayil vs The District Collector

Madras High Court|03 April, 2017

JUDGMENT / ORDER

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, forbearing the respondents to transfer the fair price shops No.1 Elanchempur fair price shop, 2. Pookkulam fair price shop, 3. Kandilan fair price shop and 4. Veerampal fair price shop of the Q 1281, Pookulam Primary Agricultural Co-operative Credit Society, Pookkulam, Kadaladi Taluk, Ramanathapuram District to any other District Leval Co-operative Marketing Agencies.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
3. Mr.C.Selvaraj, learned Special Government Pleader takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal.
4. Though the Writ petition is for issuing a positive direction to the respondents to not to transfer the fair price shops belonging to the petitioner's society, the learned counsel for the petitioner submit that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner, dated 17.03.2017 in accordance with law and to maintain Status Quo till such time, the respondents pass any order based on the representation of the petitioner.
5. Having regard to the limited scope of the request made before this Court by the learned counsel for the Writ petitioner, without expressing any opinion on the merits of the matter, this Court is inclined to issue the following order:-
?The respondent are directed to consider the representation of the petitioner, dated 17.03.2017 regarding the threat of transfer of fair price shops attached to the petitioner's society, and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Till such time, the first respondent decide and pass appropriate orders on merits of the petitioner's representation, the respondents 2 and 3 are directed to maintain Status Quo. ?
6. Accordingly, the Writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed.
To
1. The District Collector, Ramanathapuram District, Ramanathapuram.
2. The Joint Registrar Co-operative Societies, Ramanathapuram District, Ramanathapuram.
3. The District Supply Officer, Ramanathapuram District, Ramanathapuram. .
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Title

R.Poomayil vs The District Collector

Court

Madras High Court

JudgmentDate
03 April, 2017