B.Durai, v. Tamil Nadu State Marketing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.03.2015
CORAM
THE HON'BLE MR. JUSTICE S.VAIDYANATHAN W.P.No.21322 of 2014 and M.P.No.1 of 2014 B.Durai .. Petitioner vs 1.
Tamil Nadu State Marketing Corporation Ltd., (TASMAC) rep.by its Managing Director Thalamuthu Natarajan Building Gandhi Irwin Road Egmore, Chennai 600 008.
2.
The Senior Regional Manager Tamil Nadu State Marketing Corporation Ltd., (TASMAC) No.735 LLA Building, IV Floor Anna Salai, Chennai 600 002.
3.
The District Manager(TASMAC) Thiruvallur Taluk Thiruvallur.
4.
The District Collector Thiruvallur District Thiruvallur.
.. Respondents Petition filed under Article 226 of the Constitution of India, praying this Court for the issuance of a Writ of mandamus forbearing the respondents, their men, people, agents, subordinates or any other peoples or officials claiming from them, in any manner granting license to install TASMAC Wine shop in S.No.199/1 at Kattupakkam Village, Poonamallee to Porur Main Road violating the Rules contemplated under Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003.
For Petitioner ... Mr.S.Balasubramanian For Respondent ... Mr.S.Muthuraj for RR1 to 3 Mr.M.Dig Vijaya Pandian Additional Government Pleader for R4
ORDER
The petitioner has come forward with this writ petition praying for a direction forbearing the respondents from granting license to install TASMAC Wine shop in S.No.199/1 at Kattupakkam Village, Poonamallee to Porur Main Road violating the Rules contemplated under Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003.
2. The grievance of the petitioner is that the proposed TASMAC shop is to be started in the middle of the busy area, where, schools, temples and churches are located and children, devotees and old age people use the area frequently to reach their destinations. Hence, he has made a representation dated 04.07.2014 to the respondents not to grant licence to start the shop in the aforesaid place. Since the same is pending without any orders being passed, the petitioner is before this Court.
3. Learned counsel appearing for the petitioner also brought to the attention of this Court, the paper publication effected regarding opening of the TASMAC in the area. However, this Court is not inclined to go into the paper report at this stage.
4. Considering the facts and circumstances of the case, without going into the merits of the matter and taking note of the fact that the representation dated 04.07.2014 submitted by the petitioner is pending, the third respondent is directed to consider and dispose of the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
5. Accordingly, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vj2
To 1.
The Managing Director Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Thalamuthu Natarajan Building Gandhi Irwin Road Egmore, Chennai 600 008.
2.
The Senior Regional Manager Tamil Nadu State Marketing Corporation Ltd., (TASMAC) No.735 LLA Building, IV Floor Anna Salai, Chennai 600 002.
3.
The District Manager(TASMAC) Thiruvallur Taluk Thiruvallur.
4.
The District Collector Thiruvallur District Thiruvallur.
1 cc to Government Pleader,Sr.No11857 1 cc to Mr.S.Muthuraj ,Advocate, SR.No.11733 1 cc to Mr.S.Balasubramanian ,Advocate, SR.No.11715 W.P.No.21322 of 2014 KJI(CO) PMK.24.3.2015