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Madras High CourtWP/9391/2017disposed of

S.Chidambaram, v. The State Of Tamil Nadu,

2017-06-08Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.9391 of 2017 and WMP.No.10358 of 2017 S.Chidambaram .... Petitioner Vs.

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

2. The District Collector, District Collectorate, Tiruppur District.

3. The District Manager, Tamil Nadu State Marketing Corporation Limited, TASMAC District Office, Angeripalayam Road, Tirupur District.

4. Saradhambal

5. Lakshmi .... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus forbearing the respondents from relocating or establishing a TASMAC liquor shop at R.S.No.472/5A, Malaiyathapalayam, Chinna Muthur Village, Kangayam Taluk, Tirupur District detrimental to petitioner's right to life, peaceful residence and property after considering the petitioner's representation dated 10.04.2017 For Petitioner : M/s. C.E. Pratap For Respondents : Mr. K. Venkataraman Additional Advocate General assisted by Mr. John Kennedy for R3 Mr.M.Elumalai Government Advocate for R1 and R2

O R D E R

The petitioner seeks for a mandamus forbearing the respondents from relocating or establishing a TASMAC liquor shop at R.S.No.472/5A, Malaiyathapalayam, Chinna Muthur Village, Kangayam Taluk, Tirupur District based on the petitioner's representation dated 10.04.2017.

2. At the time of hearing this writ petition for admission, this court directed the learned Additional Advocate General to take notice and get instructions. The respondents were also directed to maintain Status Quo as on 18.04.2017.

3. Today, when the matter is taken up for further hearing, the learned Additional Advocate General appearing for the respondents 1 to 3 submitted that the representation of the petitioner dated 10.04.2017 will be considered within a period of two weeks.

4. The learned counsel appearing for the petitioner submitted that the petitioner is not in a position to know as to how many shops, the official respondents are contemplating to locate in the said survey number and therefore, the petitioner's objection against the location of any shop at R.S.No.472/5A shall have to be considered by these official respondents while disposing the petitioner's representation.

5. Considering the above said facts and circumstances of the case and the submission made on either side, this writ petition is disposed of by directing the 2nd and 3rd respondents to consider the petitioner's representation dated 10.04.2017 and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order. Till such time the respondents are directed to maintain status quo as on date. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dpq/aav

To

1. Secretary to Government Home, Prohibition and Excise Department, Secretariat, Fort, St.George, Chennai- 600 009.

2. The District Collector, District Collectorate, Tiruppur District.

3. The District Manager, Tamil Nadu State Marketing Corporation Limited, TASMAC District Office, Angeripalayam Road, Tirupur District.

+1cc to Mr.C.E. Pratap, Advocate, S.R.No.40950 +1cc to Mr.John Kennedy , Advocate, S.R.No.41152 +1cc to the Government Pleader, S.R.No.41287 Writ Petition No.9391 of 2017 and W.M.P. No.10358 of 2017 KJI(CO) CS/21/06/17