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2022 DIGILAW 1189 (MAD)

Chezhiyan v. District Collector, Thiruvarur

2022-06-01

MOHAMMED SHAFFIQ

body2022
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing 3rd respondent to consider the representation dated 30.04.2022 of the petitioner in accordance with law by removing the TASMAC Retail shop No.9814 in Survey No.176/2 one Acre Nanja Land, Alangudi Village, Thiruvarur District.) 1. The petitioner has filed this writ petition seeking for the issuance of Writ of Mandamus to direct 3rd respondent to consider the representation dated 30.04.2022 of the petitioner in accordance with law by removing the TASMAC Retail shop No.9814 in Survey No.176/2 one Acre Nanja Land, Alangudi Village, Thiruvarur District. 2. The case of the petitioner is that he is an Agriculturist and cultivating one acre of Nanja land in Survey No.168/2, Alangudi Village. Adjacent to the above said land, the land in Survey No.172/2, which belongs to one Muruganantham was handed over to the TASMAC retail shop, in order to get more income. The customers of the TASMAC have been creating nuisance and the workmen is unable to carry out agricultural operation in the above said land. 3. In view of the same, the petitioner gave a representation dated 30.04.2022 to the 2nd respondent, to remove the retail TASMAC shop No.9814 from the land in Survey No.176/2, Alangudi Village. Till date, the same was not considered and hence, the present writ petition is filed. 4. In this circumstances Mr.R.Sankarasubbu, learned counsel appearing for the petitioner prays for issuance of a direction to the 3rd respondent to consider the petitioner's representation and dispose of the same within a stipulated time that may be fixed by this Court. 5. The learned Additional Government Pleader appearing for the 1st respondent has no objection for the said order being passed and he fairly conceded that the petitioner's representation dated 30.04.2022 shall be considered and appropriate order shall be passed in accordance with the law. 6. In view of the aforesaid submissions, without expressing any opinion on the merits of the case, this Court directs the 3rd respondent to consider the petitioner's representation dated 30.04.2022 and pass appropriate orders, on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. 7. Accordingly this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.