← Library
Madras High CourtWP/4671/2024dismissed

Madan (Aka) Mathankumar, v. The Government Of Tamil Nadu

2024-02-23Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Madan (Aka) Mathankumar ..

Petitioner Vs.

1. The Government of Tamil Nadu Rep. By It Secretary Home Prohibition And Excise Department Fort St. George, Chennai-600 009.

2. The District Collector, Office of The District Collector, Villupuram.

3. The Managing Director, Tamil Nadu State Marketing Corporation Ltd., 4th Floor, Thalamuthu Natarajan Maligai, Egmore, Chennai-600 008.

4. The Deputy Collector Tamil Nadu State Marketing Corporation Ltd (Tasmac), Villupruam District.

5. The District Manager, Tamil Nadu State Marketing Corporation Ltd (Tasmac), Villupruam District.

6. D.Viji ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, to direct the respondents 1 to 5 not to shift the TASMAC No.11582, Brammadesam Village, Marakkonam Taluk, Villupuram District to the new proposed place which is in contravention of rule 9 and 10 of Tamil Nadu Liquor retail Vending (in shops and bars) Rules 2003 and cause inconvenience to the general public and agriculturist by considering the petitioner representation dated 08.01.2024.

For the Petitioner : Mr.V.Sundarraman For the Respondents : Mr.T.K.Saravanan Government Advocate for R1 and R2 Mr.K.Sathish Kumar for R3 to R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.V.Sundarraman, learned counsel for the petitioner, Mr.T.K.Saravanan, learned Government Advocate for respondents 1 and 2 and Mr.K.Sathish Kumar, learned counsel for respondents 3 to 5.

2. The writ petition is filed in the nature of a public interest litigation, seeking directions to restrain respondents 1 to 5 from shifting the TASMAC Shop No.11582.

3. Learned counsel for respondents 3 to 5 submits that with regard to the same TASMAC shop, the owner has filed a writ petition bearing W.P.No.1725 of 2004 with a similar prayer. The said writ petition is disposed of. In the said judgment, the learned Single Judge has directed to conduct an inquiry. It is submitted by the learned counsel for respondents 3 to 5 that the inquiry is pending.

4. In light of the fact that the same issue has already been dealt with by this Court, no orders are necessary in the present writ petition. The writ petition ought not to have been filled.

5. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.5102 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 23.02.2024 Index :

Yes/No :

Yes/No drm

To

1. The Secretary The Government of Tamil Nadu Home Prohibition And Excise Department Fort St. George, Chennai-600 009.

2. The District Collector, Office of The District Collector, Villupuram.

3. The Managing Director, Tamil Nadu State Marketing Corporation Ltd., 4th Floor, Thalamuthu Natarajan Maligai, Egmore, Chennai-600 008.

4. The Deputy Collector Tamil Nadu State Marketing Corporation Ltd (Tasmac), Villupruam District.

5. The District Manager, Tamil Nadu State Marketing Corporation Ltd (Tasmac), Villupruam District.

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

(drm) 23.02.2024