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Madras High CourtWP/2075/2024disposed of

Manogaran v. The State Of Tamil Nadu

2024-02-01Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Manogaran ..

Petitioner Vs.

1. The State of Tamil Nadu The Principal Secretary to Government Home, Prohibition and Excise Department Secretariat, Fort St. George Chennai - 600 009.

2. The Managing Director TASMAC Limited, Gandhi Irwin Road Egmore, Chennai.

3. The District Collector Office of the Collectorate Tiruppur, Tiruppur District.

4. The Managing Director District Manager/Sub Collector TASMAC Limited, Angeripalayam Tiruppur District.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 3 and 4 herein to take necessary and immediate action against the objection dated 16.10.2023 and consequently forbearing the respondents herein to open TASMAC Shop No. 3830 proposed to be open in Survey No.123/4A, Agricultural Land, Molarpatti Revenue Village, Dharapuram Taluk, Tiruppur District.

For the Petitioner : Mr.M.Mohamed Saifulla For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1 and R2 Mr.M.Sekar for R3 and R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Mohamed Saifulla, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 and 2 and Mr.M.Sekar, learned counsel for respondents 3 and 4.

2. It is submitted by learned counsel appearing on behalf of the Tamil Nadu State Marketing Corporation (TASMAC) that on 24.01.2024, the Collector has granted permission for opening of the TASMAC shop under the provisions of the Tamil Nadu Liqour Retail

Vending (In Shops and Bars) Rules, 2003.

3. The petitioner has a remedy of appeal. The petitioner may avail the said remedy, as may be permissible under law.

4. In light of the above, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 01.02.2024 Index :

Yes/No :

Yes/No drm

To

1. The Principal Secretary to Government The State of Tamil Nadu Home, Prohibition and Excise Department Secretariat, Fort St. George Chennai - 600 009.

2. The Managing Director TASMAC Limited, Gandhi Irwin Road Egmore, Chennai.

3. The District Collector Office of the Collectorate Tiruppur, Tiruppur District.

4. The Managing Director District Manager/Sub Collector TASMAC Limited, Angeripalayam Tiruppur District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 01.02.2024