← Library
Madras High CourtWP/5398/2022dismissed

Kannan v. The Managing Director

2022-03-09Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.5398 of 2022 Kannan ..Petitioner Vs.

1. The Managing Director TASMAC, Egmore, Chennai 600 008.

2. The District Collector Salem District,Salem.

3. The District Manager TASMAC,Salem District.

..Respondents Prayer:Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents 1 and 2 to consider the representation dated 22.01.2022 made by the petitioners and the villagers of Kondaiyankadu, Pannappatti Panchayat and subsequently direct the first and second respondents to take action to remove the TASMAC liquor retail vending shop No.7259 from Kandaiyankadu, Pannappatti Panchayat, Salem District, in accordance with law, within a time frame as may be fixed by this Court.

For the Petitioner : Mr.C.Deepak Kumar For the Respondents : Mr.K.Satish Kumar Standing Counsel for respondents 1 & 3 Mr.P.Muthukumar State Government Pleader for respondent 2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to change the location of the TASMAC liquor retail vending shop bearing No.7259.

2. The writ petition has been filed despite the alternative remedy of appeal available to the petitioner under Rule 9A of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, as amended.

3. In view of the above, this writ petition is dismissed in view of the availability of efficacious alternative remedy and more so, it involves question of fact regarding distance of the shop, as alleged by the petitioner. The petitioner would, however, be at liberty to take the remedy of appeal if he remains aggrieved by the location of the shop. There will be no order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kpl/drm To:

1. The Managing Director TASMAC, Egmore, Chennai 600 008.

2. The District Collector Salem District Salem.

3. The District Manager TASMAC, Salem District.

+1 cc to the Government Pleader,Sr.No.16293 W.P.No.5398 of 2022 SVI[co] NSK 16/03/2022 https://hcservices.ecourts.gov.in/hcservices/