Research › Search › Judgment

Madras High Court · body

2022 DIGILAW 1641 (MAD)

M. S. Ramasamy v. District Collector, Ariyalur

2022-06-22

MUNISHWAR NATH BHANDARI, N.MALA

body2022
JUDGMENT (Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to remove the TASMAC IMFL Shop No.6468 located in agricultural land bearing Survey No.40, Veerareddy Street, Thazhuthazhaimedu Village, Udayarpalayam Taluk, Ariyalur District in accordance with law within a time frame manner fixed by this Court as per the representation of the petitioner and villagers dated 21.04.2022.) Munishwar Nath Bhandari, CJ. 1. This writ petition has been filed to seek a direction for removal of the TASMAC IMFL Shop No.6468 located in the agricultural land bearing Survey No.40 of Thazhuthazhaimedu Village, Udayarpalayam Taluk, Ariyalur District. 2. It is alleged that the TASMAC IMFL Shop No.6468 is existing in the agricultural land going against the provisions of law and, therefore, an order be passed to remove it, as permission should not have been granted by the competent authority. 3. Learned Government Pleader appearing for the respondents 1 to 3 submitted that a remedy of appeal is available to the petitioner to challenge the permission to operate the TASMAC IMFL shop and otherwise it is not operating in violation of the provisions of law. There is nothing on record to show that the land in question is agricultural land. 4. We have considered the submissions made by learned counsel for the parties and also perused the materials available on record. 5. We find that a remedy of appeal exists against the order granting permission to run TASMAC IMFL Shop, where the factual issue so also the violation of any provision of law can be decided. No justification and/or exceptional circumstance has been shown to file the writ petition, despite availability of a statutory remedy of appeal. 6. Accordingly, the writ petition is dismissed with liberty to the petitioner to avail the remedy of appeal, if he is aggrieved by the permission to operate the TASMAC IMFL Shop in the land in question. There will be no order as to costs. Consequently, W.M.P.No.13120 of 2022 is closed.