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Madras High CourtWP/2272/2025disposed of

N.Subramani v. The Commissioner

2025-01-27Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.2272 of 2025 N.SUBRAMANI ... Petitioner Vs.

1. THE COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, FORT ST.GEORGE, CHENNAI 600 009.

2. THE DISTRICT COLLECTOR, CHENGALPUT DISTRICT.

3. THE CHAIRMAN CUM MANAGING DIRECTOR, TAMIL NADU STATE MARKETING CORPORATION LTD., (TASMAC) TOWER II, 4TH FLOOR, GANDHI IRWIN BRIDGE ROAD, EGMORE CHENNAI 600 008.

4. THE DISTRICT MANAGER, TAMIL NADU STATE MARKETING CORPORATION LTD., (TASMAC), KANCHEEPURAM (SOUTH), KANCHEEPURAM.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 3 and 4 i.e., The Chairman cum Managing Director, Tamil Nadu State Marketing Corporation Ltd., (Tasmac) Tower II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008, the District Manager (Tasmac), Kancheepuram (South) to shift the Tasmac Shop No.4410 to Survey No.143/5, at Door No.13, 1st Street, 1/5

Thiruvadur, Kancheepuram District by implementing the order of the 2nd respondent dated 09.08.2024 in Na.Ka.No.343/ 2024/V1 in which the Tasmac Shop No.4410 is ordered to shift to the petitioner premises. For Petitioner : Mr.V.Ganapathy For R1 & R2 : Mr.P.Balathandayutham Special Government Pleader For R3 & R4 : Mr.K.Balakrishnan Standing Counsel

ORDER

By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

2. The present Writ Petition is filed for a Writ of Mandamus to direct the respondents 3 and 4 i.e., The Chairman cum Managing Director, Tamil Nadu State Marketing Corporation Ltd., (Tasmac) Tower II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008, the District Manager (Tasmac), Kancheepuram (South) to shift the Tasmac Shop No.4410 to Survey No.143/5, at Door No.13, 1st Street, Thiruvadur, Kancheepuram District by implementing the order of the 2nd respondent dated 09.08.2024 in Na.Ka.No.343/ 2024/V1 in which the Tasmac Shop No.4410 is ordered to shift to the petitioner premises.

3. At the outset, Mr.K.Balakrishnan, learned Standing Counsel appearing for the respondents 3 & 4 would submit that the representation of the petitioner 2/5

dated 17.12.2024 would be considered by the Respondents 3 & 4 and orders passed within a period of 4 weeks from the date of receipt of a copy of this order.

4. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the Respondents 3 & 4 to consider the petitioner's representation dated 17.12.2024, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

5. With the above directions, the writ petition stands disposed of. No costs.

27.01.2025 Speaking (or) Non Speaking Order Index : Yes/ No jd 3/5

To

1. THE COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, FORT ST. GEORGE, CHENNAI 600 009.

2. THE DISTRICT COLLECTOR, CHENGALPUT DISTRICT.

3. THE CHAIRMAN CUM MANAGING DIRECTOR, TAMIL NADU STATE MARKETING CORPORATION LTD., (TASMAC) TOWER II, 4TH FLOOR, GANDHI IRWIN BRIDGE ROAD, EGMORE CHENNAI 600 008.

4. THE DISTRICT MANAGER, TAMIL NADU STATE MARKETING CORPORATION LTD., (TASMAC), KANCHEEPURAM (SOUTH), KANCHEEPURAM. 4/5

MOHAMMED SHAFFIQ, J.

jd W.P. No.2272 of 2025 27.01.2025 5/5