W.P(MD).No.23877 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 09.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

W.P(MD).No.23877 of 2017

and

W.M.P(MD).No.20010 of 2017

Sri Sooravali Subbier Charities,

Represented by its Hereditary Trustee,

M.S.Sankar @ Sankaran

... Petitioner

Vs.

1.The District Collector,

Madurai District.

2.The Senior Regional Manager,

The Tamil Nadu State Marketing Corporation Limited,

Plot No.100, Anna Nagar,

Madurai-625020.

3.The District Manager,

The Tamilnadu State Marketing Corporation Limited,

Madurai District,

Manalur,

Sivagangai District.

...Respondents

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 establishing a TASMAC retail outlet

in the property of the petitioner trust in Survey No.173/1B,

Tallakulam Village, Madurai to Melur Highway, opposite to

Mattuthavani Dr.M.G.R. Integrated Bus Stand.

For Petitioner

: Mr.T.R.Jeyapalam

For R1

: Mr.C.Satheesh

Government Advocate

For R2 & R3

: Mr.H.Arumugam

ORDER

The petitioner has filed this writ petition having objection

for establishing TASMAC retail outlet in the property of the

petitioner's trust in Survey No.173/1B, Tallakulam Village, Madurai

North Taluk, Madurai District opposite to Mattuthavani Bus Stand.

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W.P(MD).No.23877 of 2017

2. The contention of the petitioner is that the trust was

founded by Sri Sooravali Subbier in the year 1842, who is the father

of Diwan Bahadur Dr.Sir.Justice S.Subrmania Iyer, a former Judge of

the Madras High Court. The affairs of the trust are governed by a

scheme decree, dated 06.09.1934 passed in O.S.No.13 of 1932. Under

the scheme, the right of the management of the Trust and its

properties vested in the agnate male descendants of the Sooravali

Subbier. The petitioner spends the income of the trust for running a

Yajur Veda Patasala, feeding, clothing and teaching the students in

the said patasala.

3. The property situated in S.No.173/1B, Tallakulam Village,

Madurai North Taluk, Madurai District opposite to Mattuthavani Bus

Stand is a prime property. The petitioner understands that the

TASMAC outlet is to be opened in the petitioner's property. The

petitioner already sent his objections despite the same, the

respondents are determined to open the TASMAC outlet.

4. The learned Government Advocate for the first respondent

submits that he had not received any proposal from the third

respondent for starting the TASMAC retail outlet in the property of

the petitioner.

5. The learned counsel for the respondents 2 and 3 produced the

letter in Na.Ka.No.1181/2021/A5, dated 03.01.2022 confirming that

the TASMAC has no such proposal to open the outlet in the

petitioner's property more particularly in the Sooravali Subbier

Trust's property in S.No.173/1B, Tallakulam Village, Madurai North

Taluk, Madurai District opposite to Mattuthavani Bus Stand.

6. Recording the same, the writ petition stands disposed of. No

costs. Consequently, the connected miscellaneous petition is closed.

Sd/-

Assistant Registrar(CS-III)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

sn

To

1.The District Collector,

Madurai District.

2.The Senior Regional Manager,

The Tamil Nadu State Marketing Corporation Limited,

2/3

https://hcservices.ecourts.gov.in/hcservices/

W.P(MD).No.23877 of 2017

Plot No.100, Anna Nagar,

Madurai-625020.

3.The District Manager,

The Tamilnadu State Marketing Corporation Limited,

Madurai District,

Manalur,

Sivagangai District.

+1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-24983[F] dated

10/06/2022 )

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-25115[F] dated 10/06/2022 )

+1 CC to M/s.SPL.GP ( SR-25174[F] dated 10/06/2022 )

W.P(MD).No.23877