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2013 Supreme(Mad) 2824

N.PAUL VASANTHAKUMAR, P.Devadass
G. Kanaga Bai, D/o. Israel, Mankuzhy Veedu, Adaikakuzhi, Kanyakumari District – Appellant
Versus
District Collector, Kanyakumari District – Respondent


Advocates Appeared:
K. Vinayagan, Advocate for Petitioner.
R. Velmurugan, Government Advocate for Respondent Nos. 1 & 2; M. Muniyasamy, Advocate for Respondent Nos. 3 to 5.

JUDGMENT

N. Paul Vasanthakumar, J.

The Petitioner has filed this Public Interest Litigation, seeking to direct the Respondents to remove the TASMAC Shop No. 4823 from the building in S. No. 8-1A1B at Sangurutti Village, Adaikkakuzhi, Vilavancode Taluk, Kanyakumari District.

2. According to the Petitioner, she is the District Committee Member of Communist Party of India (Marxist) and the State Committee Member of All India Democratic Womens Association and at present, she is the Board Member of Methukummal Primary Agricultural Co-operative Bank. The First Respondent issued permission to function a TASMAC Shop at Door No. 3/43-F, Padasalai to Kollankodu Sangurity, which is located in Adaikakuzhi Village Panchayat. On 12.7.2013, the Adaikakuzhi Village Panchayat passed a Resolution No. 58, opposing the opening of the TASMAC Shop in the said place. The Action Committee also met Respondent Nos. 1 & 2 on 12.7.2013 and submitted a detailed representation. The Headmistress of St. Thomas M.S.C. Middle School, Mankuzhi also gave a representation on 12.7.2013 to the First Respondent. The Principal of Saraswathy College of Nursing, Karode, Uchakkada also gave his objection on 12.7.2013. The loca


















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