1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.643 of 2011 and M.P.(MD)No.1 of 2011 S.M.Thavasi @ Thavasigounder : Petitioner Vs. 1.The District Collector, Tiruchirappalli District, Tiruchirappalli. 2.The Joint Registrar of Co-operative Societies, Trichy Region, Kaja Nagar, Trichy -20. 3.The Special Officer/Co-operative Sub Registrar (PDS), M.M.340, Anampatty PACCS, Anampatty (Post), T.Alai Post, Tiruchirappalli District. 4.The Executive Authority/President of Village Panchayat, Segampatty, T.Alai Post, Manapparai (Taluk), Tiruchirappalli District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to settle Rs.1,32,367/- towards damages to the petitioner according tot he representation dated 08.12.2010. For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.M.Rajarajan, Special Government Pleader ORDER The petitioner seeks a Writ of Mandamus directing the second respondent to pay a sum of Rs.1,32,367/- towards damages caused to him. 2. The petitioner was acting as President of Bharathiyar Citizen Centre at Manapparai in the District of Tiruchirappalli. The petitioner has made a request before the authorities to open a Public Distribution Shop at Bharathiyar Nagar. The first respondent has permitted the petitioner to open a part time PDS shop, at the building of one Velusamy. Accordingly, the petitioner has made arrangements to open the PDS shop and he has spent a sum of Rs.1,32,367/- for the said purpose. However, the fourth respondent interfered in the matter and as such, the PDS shop was not opened as per schedule. According to the petitioner, the respondents are liable to pay the cost incurred by him. Therefore, the petitioner was constrained to file this writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The writ petitioner seeks a direction to pay a sum of Rs.1,32,367/- on account of the alleged damages sustained by him. The issue raised herein, cannot be decided on the basis of affidavits and counter affidavits. The petitioner has to show by way of acceptable evidence that there was an offer made by the first respondent to open the PDS shop at the subject premises The petitioner has also to show the expenditure incurred by him for various purposes as indicated in paragraph No.7 of the affidavit filed in support of this petition. 4. These are all matters requiring evidence. Such matters cannot be decided in a writ petition on the basis of the self-serving affidavit filed by the petitioner. It is not as if the facts are admitted by the respondents. Therefore, I am of the view that the very writ petition filed by the petitioner praying for a Writ of Mandamus is not maintainable. 5. Accordingly, the writ petition is dismissed. It is open to the petitioner to redress his grievance by approaching the appropriate forum Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To 1.The District Collector, Tiruchirappalli District,Tiruchirappalli. 2.The Joint Registrar of Co-operative Societies, Trichy Region,Kaja Nagar, Trichy -20. 3.The Special Officer/Co-operative Sub Registrar (PDS), M.M.340, Anampatty PACCS,Anampatty (Post), T.Alai Post,Tiruchirappalli District. 4.The Executive Authority/President of Village Panchayat, Segampatty, T.Alai Post,Manapparai (Taluk), Tiruchirappalli District. +1cc to Special Govt.Pleader SR.No.5486 W.P.(MD)No.643 of 2011 and M.P.(MD)No.1 of 2011 10.02.2011 rj2 PA/08.03.2011/2P/6C https://hcservices.ecourts.gov.in/hcservices/