R.Ramesh Kumar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2024 CORAM :
THE HON'BLE Mr.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE Mr.JUSTICE MOHAMMED SHAFFIQ R.Ramesh Kumar .. Petitioner Vs.
1.The State of Tamil Nadu The Commissioner of Prohibition and Excise Ezhilagam Building, Kamarajar Salai Chepauk, Chennai 600 005 2.The District Collector O/o.The Collectorate Coimbatore District Coimbatore 600 018 3.The TASMAC Ltd Rep. by its Managing Director 4th Floor, CMDA Tower Gandhi Irwin Bridge Egmore, Chennai-600 008 4.The District Manager IMFS Depot, TASMAC Ltd.
No.131 MSR Complex Kavundampalayam, Coimbatore 5.The Senior Regional Manager 1/6
Chinthamani Co-operative Society Depot D.No.305A, Vilankurichi Road Peelamedu Railway Station Back Side Peelamedu, Coimbatore-641 004 6.The Highway Hawk Bar FL2 Tasmac and Restaurant No.576/1, Kounder Mills Road Somaiyanpalayam, Coimbatore .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent herein to take necessary and immediate action towards the direction of the 1st respondent dated 11.08.2022 and consequently dispose of the petitioner's representation dated 12.09.2022 within a stipulated time frame. For Petitioner : Mr.W.Camyles Gandhi For RR 1 and 2 : Mr.A.Edwin Prabakar State Government Pleader For RR 3 to 5 : Mr.K.Sathish Kumar For R6 : Mr.K.S.Karthik Raja
ORDER
(Made by the Hon'ble Acting Chief Justice) Seeking a mandamus to the 2nd respondent to dispose of the petitioner's representation dated 12.09.2022, this writ petition has been filed.
2/6
2. It is the case of the petitioner that Vel International School is situated about 50 ft. distance from the 6th respondent TASMAC bar and there is also a Government school functioning in the said locality. The said TASMAC bar poses a serious threat to the nearby residents, students and public. In this regard, the petitioner submitted his written representation/ objections to the official respondents on 23.07.2022 and also addressed a detailed objection to the 2nd respondent on 12.09.2022 seeking to remove the TASMAC bar from that place. Vide proceedings dated 11.08.2022, the 1st respondent forwarded the said representation dated 23.07.2022 to the 2nd respondent, directing the 2nd respondent to take action on the petitioner's representation dated 23.07.2022. Despite directions of the 1st respondent, the 2nd respondent has not taken any action, so far. Hence, the present writ petition in the form of a public interest litigation seeking the above prayer.
3. The learned State Government Pleader appearing for the respondents 1 and 2 fairly submitted that the representation/objection dated 12.09.2022 of the petitioner, will be considered purely on merits and appropriate orders will be passed.
3/6
4. In such view of the matter, without going into the merits of the case, this Court directs the 2nd respondent to consider and pass orders on the petitioner's objection/representation dated 12.09.2022 on merits and in accordance with law, after hearing all the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, this writ petition stands disposed of. No costs.
(R.M.D., ACJ.) (M.S.Q., J.) 09.07.2024 Index : Yes/No gya 4/6
To 1.The Commissioner of Prohibition and Excise Ezhilagam Building, Kamarajar Salai Chepauk, Chennai 600 005 2.The District Collector O/o.The Collectorate Coimbatore District Coimbatore 600 018 3.The Managing Director TASMAC Ltd 4th Floor, CMDA Tower Gandhi Irwin Bridge Egmore, Chennai-600 008 4.The District Manager IMFS Depot, TASMAC Ltd.
No.131 MSR Complex Kavundampalayam, Coimbatore 5.The Senior Regional Manager Chinthamani Co-operative Society Depot D.No.305A, Vilankurichi Road Peelamedu Railway Station Back Side Peelamedu, Coimbatore-641 004 5/6
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
gya 09.07.2024 6/6