K.Balu, President, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2017

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE M.SUNDAR W.P.No.495 of 2017 K.Balu, President Advocate's Forum for Social Justice No.156, Thambu Chetty Street Chennai-600001.

... Petitioner Vs 1.The State of Tamil Nadu Rep. by Principal Secretary to Government Home, Prohibition & Excise Department Secretariat, Fort St. George, Chennai-600009. 2.The Commissioner Prohibition & Excise Department Chepauk, Chennai-600005.

3.TASMAC Ltd Rep. by Managing Director 4th Floor, CMDA Tower Gandhi Irwin Bridge, Egmore, Chennai-600008.

4.The Director General of Police Head of Police Force Dr.Radhakrishnan Salai Mylapore, Chennai-600004.

... Respondents PRAYER: Petition under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus directing the respondents to install CCTV system in all Tasmac Retail shops and bars of the 4th respondent inter connecting it with the concerned Higher Officials by considering the representation of the petitioner dated 23.11.2016 consequently direct the 4th respondent to close down all the illegal bars attached with Tasmac shops forthwith.

For Petitioner : Mr.K.Balu Party-in-Person For Respondents : Mr.M.K.Subramanian Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The learned counsel for the petitioner states that at present he confines the relief to consideration of his representation dated 23.11.2016 specifically in the context of the orders passed by the Hon'ble Supreme Court in Civil Appeal Nos.12164-12166 of 2016, dated 15.12.2016 (The State of Tamil Nadu v. K.Balu and another).

2. We are of the view that as per the Supreme Court judgment a number of TASMAC shops would be required to be shifted and, thus, the suggestion of the petitioner as made in the petition may be examined keeping in mind that new shops may be required to be created and the representation disposed of within four months from today.

The petition, accordingly, stands disposed of. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sasi To:

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

2. The Commissioner Prohibition & Excise Department Chepauk, Chennai-600 005.

3. The Managing Director TASMAC Ltd, 4th Floor, CMDA Tower Gandhi Irwin Bridge, Egmore, Chennai-600 008.

4. The Director General of Police Head of Police Force Dr.Radhakrishnan Salai Mylapore, Chennai-600 004.

+1cc to Mr.R.Jothimanian, Advocate, S.R.No.2379 +1cc to the Government Pleader, S.R.No.2475 W.P.No.495 of 2017 PA(CO) CA(20/01/2017)