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Madras High CourtWP/1603/2022dismissed

P.Kavitha v. The Managing Director

2022-02-04Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.1603 of 2022 and W.M.P.No.1741 of 2022 (Through Video Conferencing) P.Kavitha, W/o.Ponnambalam

...Petitioner

Vs.

1. The Managing Director, TASMAC Limited, CMDA Tower, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2. The District Manager/Deputy Collector, TASMAC Limited, Salem District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus, forbearing the second respondent from shifting the TASMAC shop no.7138 situated in S.No.270/16, Thedavur Village & Post, Gangavalli Taluk, Salem District to any other place.

For Petitioner : Mr.Sagadevan for Ms.S.Vinodha For Respondents: Mr.K.Sathish Kumar Standing Counsel

ORDER

Mr.K.Sathish Kumar, learned Standing Counsel takes notice on behalf of the respondents.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

3. Earlier, a batch of writ petitions were disposed in W.P.Nos.27352 of 2021 etc batch vide its order dated 31.01.2022, challenging the Tender Notification dated 14.12.2021 bearing https://hcservices.ecourts.gov.in/hcservices/

reference in Na.Ka.No.A3/2242/2021.

4. In the aforesaid detailed order, this Court has come to the conclusion that neither the petitioners who are the existing licensees can arm-twist the respondents TASMAC to give business to them under the 2003 Rules nor TASMAC can be seen by giving permissions/licenses for these businesses and thereby allow the consumers to violate Section 4A of the Tamil Nadu Prohibition Act, 1937 and seen in a state of intoxication in public place.

5. In view of the above order passed by this Court, I do not find any merits in the present writ petition. Therefore, this writ petition is dismissed with the above observations. No costs. Consequently, connected Writ Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar arb To

1. The Managing Director, TASMAC Limited, CMDA Tower, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2. The District Manager/Deputy Collector, TASMAC Limited, Salem District.

W.P.No.1603 of 2022 and W.M.P.No.1741 of 2022 SR(CO) RGA(22/02/2022) https://hcservices.ecourts.gov.in/hcservices/