1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/8/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9426 of 2011 and MP(MD)No.1 of 2011 M. Peyathevan : Petitioner Vs. 1. The District Collector Madurai. 2. The District Manager TASMAC Madurai District. 3. The Special Tahsildar Prohibition and Excise Department Thirumangalam Madurai District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 7/7/2011. For Petitioner : Mr.D.Malaichamy For Respondent : Mr.M.Muniasamy for R.2. O R D E R A resident of one M.Paraipatti Village, has sought for a mandamus, directing the respondents to consider his representation dated 7/7/2011, addressed to the District Collector, Madurai, not to shift TASMAC shop No.5495 near Rajakkapatti Village Bus stop. 2. It is the contention of the petitioner that, earlier, the above said shop was functioning near the said bus stand and a temple. In view of the disturbance caused to the worshippers of the said temple, the respondents thought it fit to shift the shop to a nearby village viz., Kodanginayakkanpatti and from 16/9/2009, the said shop is running in the said place. Now, due to some personal interest, the authorities are trying to relocate the shop from Kodanginayakanpatty to Rajakkapatti Village. 3. Objecting the same, the petitioner has sent a representation dated 7/7/2011 to the respondents and also to the Superintendent of Police, Madurai. Reminders were also sent on 28/7/2011 to the District Manager, TASMAC, Madurai District and also to the Assistant Commissioner, Excise, Madurai. On 9/8/2011, the respondents 2 and 3 have inspected the proposed site at Rajakkapatti Village. In the above said circumstances, the petitioner seeks for the disposal of the representation dated 7/7/2011. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Mr.M.Muniyasamy, learned Standing Counsel for TASMAC was put on notice and heard. 5. Without expressing any opinion on the merits of the writ petition as to whether relocation of the shop is being done in accordance with the provisions of the Rules, the respondents 1 and 2 are directed to consider the representation dated 7/7/2011 of the writ petitioner, on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. 6. In the result, the writ petition is ordered accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AS) /True copy/ Sub Assistant Registrar(C.S) To 1. The District Collector, Madurai. 2. The District Manager, TASMAC, Madurai District. 3. The Special Tahsildar, Prohibition and Excise Department Thirumangalam, Madurai District. +1. CC to M/s D.Malaichamy, Advocate, SR.No. 28436 mvs W.P.(MD)No.9426 of 2011 22.08.2011 TR : 26.08.2011: 2p/5c : IT https://hcservices.ecourts.gov.in/hcservices/