W.P(MD).Nos.13399 and 14811 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 05.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

W.P(MD).Nos.13399 and 14811 of 2022

and

W.M.P(MD)Nos.9510 and 10594 of 2022

W.P(MD)No.13399 of 2022

A.Alageswaran

... Petitioner

Vs.

1.The Managing Director,

Tamil Nadu State Marketing Corporation,

(TASMAC)

CMDA Complex, Egmore,

Chennai-600 008.

2.The District Collector,

Office of the District Collector,

Madurai District.

3.The Senior Regional Manager,

Tamil Nadu State Marketing Corporation,

(TASMAC)

Anna Nagar, Madurai-625 020.

4.The District Manager,

Tamil Nadu State Marketing Corporation,

(TASMAC)

Madurai North District,

Manalur, Sivagangai District.

...Respondents

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https://www.mhc.tn.gov.in/judis

W.P(MD).Nos.13399 and 14811 of 2022

Prayer : Writ Petition filed under Article 226 of the Constitution of India,

praying this Court to issue a Writ of Mandamus, forbearing the respondents

from shifting the TASMAC retail shop number 5121 from the present place at

Survey No.7/2 A-1, J.J.Nagar, Vandiyur Bit-I, Madurai District and

consequently directing the respondents 1, 3 and 4 to pay rent for shop to the

petitioner.

For Petitioner : Mr.S.Malaikani

For Mr.A.Mohan

For R1, R3 & R4 : Mr.H.Arumugam

Standing Counsel

For R2

: Mr.P.Subbaraj

Special Government Pleader

W.P(MD)No.14811 of 2022

A.Alageswaran

... Petitioner

Vs.

1.The Managing Director,

Tamil Nadu State Marketing Corporation,

(TASMAC)

CMDA Complex, Egmore,

Chennai-600 008.

2.The District Collector,

Office of the District Collector,

Madurai District.

3.The Senior Regional Manager,

Tamil Nadu State Marketing Corporation,

(TASMAC)

Anna Nagar, Madurai-625 020.

4.The District Manager,

Tamil Nadu State Marketing Corporation,

(TASMAC)

Madurai North District,

Manalur, Sivagangai District.

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https://www.mhc.tn.gov.in/judis

W.P(MD).Nos.13399 and 14811 of 2022

5.A.Sambathkumar

6.D.Sundaram

...Respondents

(R5 and R6 are impleaded vide Court order dated

26.07.2022 in WMP(MD)No.11744 of 2022)

Prayer : Writ Petition filed under Article 226 of the Constitution of India,

praying this Court to issue a Writ of Mandamus, calling for the entire records

connected to the order in Na.Ka.No.710/2022/A5, dated 04.07.2022 passed by

the fourth respondent and quash the same as illegal.

For Petitioner : Mr.S.Malaikani

For Mr.A.Mohan

For R1, R3 & R4 : Mr.H.Arumugam

Standing Counsel

For R2

: Mr.C.Satheesh

Government Advocate

COMMON ORDER

The petitioner challenging the order in Na.Ka.No.710/2022/A5, dated

04.07.2022 issued by the fourth respondent. The TASMAC shop situated in

Survey No.7/2 A-1, J.J.Nagar, Vandiyur Bit-I, Madurai District proposed to be

shifted to another place, since the owner of the property sold the property to

some third person to meet his daughter’s marriage expenses. He has written to

the TASMAC as well as District Collector, Sivagangai to shift the shop.

Based on the same, the District Manager sent communication to the shop

supervisor and bar owner of Shop No.5121 to identify new place so that the

Shop No.5121 can be shifted.

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https://www.mhc.tn.gov.in/judis

W.P(MD).Nos.13399 and 14811 of 2022

2. The contention of the petitioner is that the petitioner’s rental

agreement with one A.Sambathkumar, son of Alagirisamy is for five cents of

land. The petitioner and his brother-in-law jointly entered into a rental

agreement on 03.08.2018 for ground rent. The ground rent was fixed and the

period of tenancy was initially fixed for three years. After entering into the

said rental agreement, the petitioner spent over Rs.15,00,000/- to put up

construction to house, TASMAC retail vending shop and bar attached to it. In

the rental agreement, the petitioner given right to put up construction.