N. Paramasivam vs The District Collector

V. Dhanapalan, J.—Heard Mr.P.Anbarasan, learned counsel for the petitioners; Mr.Dig Vijay Pandian, learned Additional Government Pleader appearing for respondents 1 and 2; Ms.P.Rajalakshmi, learned Government Advocate appearing for the 3rd respondent and Ms.T.P.Saveetha, learned Government Advocate appearing for the 4th respondent/Co-operative Society.

The Card Holders of the Fair Price Shop No. 34 located in No. 1, Ayyavoo Pannadi Street, Chockampudur Main Road, Chockampudur, Coimbatore run by the third respondent, namely, Coimbatore District Harijan Co-operative Stores are before this Court by way of the present Writ Petition seeking to forbear the respondents from shifting the said Fair Price Shop from its present location to any other place.

The petitioners would submit that the District Harijan Co- operative Stores Ltd., Coimbatore, the 3rd respondent herein is authorized to supply Rice, Sugar, Wheat and other essential commodities on family cards to card holders attached to Fair Price Shop No. 1, Ayyavoo Pannadi Street, Chockampudur Main Road, Chockampudur, New Ward No. 77, Coimbatore Town. The area allotted to the shop consists of about 15 streets/lanes in and around the shop and there are 1279 family cards attached to the shop. The shop has been functioning for the past 40 years in the same rented building and the landlord has spared the said shop with some service motive and he has even come forward to give the building on lease, free of rent. Since the said Fair Price Shop is situated within the vicinity of the cardholders like the petitioners, they are able to easily get their supplies regularly without any disruption. According to the petitioners, they hail from weaker sections of the society, living below the poverty line and are dependent upon the ration supplies and shifting of the said shop to a far off place will disrupt the getting of supplies regularly.

It is the further case of the petitioner that the President of the 3rd respondent Society, in order to achieve his illegal objects, is trying to shift the said Fair Price Shop from the present location to a far off place situated away, so as to deprive the ration supplies to the petitioners and other card holders. In this regard, the petitioners and other card holders gave a representation dated 16.12.2013 to the District Collector. Without waiting for a lawful order from the 1st respondent/District Collector, the 3rd respondent made an attempt to shift the shop and the same was thwarted by the petitioners and other card holders. Aggrieved by the action taken by the 3rd respondent to shift the shop, the petitioners, having no other legal remedy, are before this Court.

The 3rd respondent has filed a counter affidavit to the following effect :

5.1. The 3rd respondent is running a fair price shop located at Door No. 1, Ayyavoo Pannadi Street, Chockampudur Main Road, Chockampudur, Coimbatore Town and supplying essential commodities for the family card holders attached to that shop. It is true that in and around, there are 15 streets and 1279 family cards are attached to the shop and the petitioners are the card holders of the shop and the said shop is functioning there for several years but the shop is not comfortable with that place and the card holders of the said shop has made a representation to the 3rd respondent stating that the said place is not feasible for the public to get their commodities. On pursuing the allegations of the general public, the Board has decided to shift the shop from the present place.

5.2. Further, the 3rd respondent has no personal motive to shift the shop and there is no necessity to do the same. Nearly 60 persons have made representation to the Board seeking to shift the premises from the present place. Hence, the Board passed a resolution to shift the shop from the present place to another place, but this Court has passed an order of interim injunction restraining the respondents to shift for four weeks. Thereafter, the stay was not extended. Despite the same, the third respondent has not shifted the shop.

5.3. Also, the owner of the premises has given a statement stating that he is ready to let the shop for Re.1 rent. Considering the said statement of the owner of the premises, the 3rd respondent is ready to continue with the present shop for the agreed rent and in future, if there is any discrepancy, then the 3rd respondent will consider the said situation and take appropriate action to shift the shop and at this juncture, there is no necessity to shift the shop, if the owner of the premises agrees to let the shop for Re.1 rent.

On the above background pleadings, I have heard the learned counsel for the parties and perused the material documents.

Admittedly, the Fair Price Shop in question located in No. 1, Ayyavoo Pannadi Street, Chockampudur Main Road, Chockampudur, New Ward No. 77, Coimbatore Town is in existence in the said place for more than four decades. The apprehension of the petitioners is that the 3rd respondent is taking steps to shift the said Fair Price Shop to a far off place. On a reading of the counter affidavit filed by the 3rd respondent, it is seen that the owner of the premises where the Fair Price Shop is functioning, has given a statement that he is ready to let the shop for Re.1 rent and that the 3rd respondent is also ready to continue with the present shop for the agreed rent and in future, if any discrepancy arises, the 3rd respondent will consider the said situation and take appropriate steps to shift the shop.

In the light of the above stated position, learned counsel for the parties would submit that the said statement of the 3rd respondent made in the counter affidavit may be taken on record and the Writ Petition may be disposed of accordingly.

Taking note of the statement of the 3rd respondent in the counter affidavit that he is ready to continue with the present shop for the agreed rent and in case of any discrepancy in future, he will consider and take appropriate action to shift the shop, this Writ Petition is disposed of recording the same. No costs. Consequently, connected M.P.No. 1 of 2014 is closed.