S.Purusothaman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2017

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.9305 of 2017 and W.M.P.Nos.10284 and 10285 of 2017 S.Purushothaman .. Petitioner vs.

1.The District Collector, O/o.The Collectorate, 2.The District Manager, IMFS, Depot, Tasmac Ltd., Krishnagiri Krishnagiri District.

3.The Tahsildar O/o.The Tahsildar, 4.The Inspector of Police, Singarapettai Police Station, .. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus forbearing the respondents 1 and 2 from granting license to locate a liquor shop in Mittapalli village S.No.114/1B2 situated at Narasampatti road evolving from NH-66 which belongs to one Mr.Udhayan, S/o.Kulasekaran, on the basis of the petitioner's representation dated 10.04.2017.

For Petitioner : Mr.I.Siddiq for M/s.Dass and Viswa Asso.

For Respondents : Mr.R.Vijayakumar, Addl.G.P for Respts. 1 and 3 : Mr.B.Nedunchezhiyan for R-2

O R D E R

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition filed in public interest relates to the relocation of the liquor shop pursuant to the judgment dated 31st March, 2017 of the Supreme Court of India in Civil Appeal Nos.12614 - 12616 of 2016.

2. The petitioner has sought orders restraining the first and second respondents from relocating a TASMAC Shop to the proposed place at Narasampatti Road in Mittapalli Village, which is near to NH-66, school, hospital, etc.

3. After hearing the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the respondents, we dispose of the writ petition by directing respondent No.1 / District Collector, Krishnagiri District, to consider the representation of the petitioner dated 10th April, 2017 at page No.1 of the typed set of papers in accordance with law. No costs. Consequently, W.M.P.Nos.10284 and 10285 of 2017 are closed.

4. Needless to mention that the liquor shop shall only be relocated in accordance with law and in particular the Tamil Nadu Liquor Retail Vending (Inshops and Bars) Rules, 2003 framed under the Tamil Nadu Prohibition Act, 1937, taking into consideration the judgments of the Supreme Court of India and of this Court in this regard.

Sd/- Deputy Registrar /true copy/ Sub Asst. Registrar To:

1.The District Collector, O/o.The Collectorate,Krishnagiri District.

2.The District Manager, IMFS, Depot, Tasmac Ltd., Krishnagiri Krishnagiri District.

3.The Tahsildar O/o.The Tahsildar,

4.The Inspector of Police, Singarapettai Police Station, +1 cc to Govt.Pleader,sr.23438 +1 cc to M/s.B.Nedunchezhiyan,advocate,sr.23367 +1 cc to M/s.Dass Law Associates,sr.23644.

sai(co) krd 28/4 W.P.No.9305 of 2017