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Madras High CourtWP/8739/2025disposed of

A.Bakkiyalakshmi v. The Assistant Commissioner Of Excise

2025-03-19Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.03.2025 Coram The Hon'ble Mr.Justice Krishnan Ramasamy A.Bakkiyalakshmi ...

Petitioner Vs.

1. The Assistant Commissioner of Excise, Excise Department, Office of the District Collector of Kanchipuram, Kanchipuram District.

2. The Managing Director, TASMAC Ltd, 4th Floor, CMDA Tower-II, Egmore, Chennai-08.

3. The Senior Regional Manager, TASMAC, Regional Managers Office, No.735, IV Floor, LLA Building, Anna Salai, Chennai.

4. The District Manager, TASMAC, Kanchipuram South, Plot No:14-18, SIDCO Industrial Estate, Military Road, Orikkai Village, Kanchipuram-631502.

5. J.Suresh Babu ... Respondents 1/6

Prayer: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 to 4 to consider the representation made by the petitioner dated 07.02.2025 seeking not to shift the TASMAC Shop No:188 situated at Survey No:441/3B1A1 Sevilimedu Village, Kanchipuram Taluk and District, without giving 3 months prior notice to the petitioner and pass necessary orders. For Petitioner : Mr.K.M.Balaji For Respondent : Mr.P.Balathandayutham Special Government Pleader (R1) Mr.K.Balakrishnan, Standing Counsel (R2 to R4)

ORDER

This writ petition has been filed seeking direction to the respondents 2 to 4 consider the representation made by the petitioner dated 07.02.2025 seeking not to shift the TASMAC Shop No:188 situated at Survey No:441/3B1A1 Sevilimedu Village, Kanchipuram Taluk and District, without giving 3 months prior notice to the petitioner and pass necessary orders.

2. Mr.P.Balathandayutham, learned Special Government Pleader takes notice on behalf of the 1st respondent. Mr.K.Balakrishnan, learned Standing Counsel takes notice on behalf of the respondents 2 to 4. 2/6

3. By consent of the parties, the main Writ Petition is taken up for disposal at the time of admission stage itself.

4. The learned counsel for the Petitioner submitted that the petitioner is the owner of the premises in Survey No.441/3B1A1, Sevilmedu Village, Kanchipuram Taluk and District and the 4th respondent is running the TASMAC shop from 2017 by entering into the Rental agreement . He further submitted that the said shop is situated in an isolated area and there are no schools in an around the premises. While so, without any complaints from the public and other administrative authorities, the 5th respondent, who is having personal enmity with the petitioner and is closely associated with the Bar Owners vending Foreign Liquors in Kanchipuram Town, gave false information to the Respondents 2 and 3, requesting them to shift the shop premises. Hence, the petitioner made a representation to the respondents 2 to 4 on 07.02.2025 alleging the unlawful activities of the 5th respondent and requested them not to shift the TASMAC shop from the petitioner premises. As the same did not evoke any response,the petitioner has come forward with this writ petition seeking for the aforesaid relief.

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5. The learned standing counsel appearing for the official respondents has stated no objection for disposing of the representation of the petitioner.

6. In view of the limited scope of relief sought for in this writ petition and also in view of the submissions made by the learned counsel appearing on either side, this Court without going into the merits of the case, directs the respondents 2 to 4 to consider and pass orders on the representation of the petitioner dated 07.02.2025 on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

7. With the above directions, this writ petition is disposed of. No costs. 19.03.2025 Speaking/Non-speaking order Index : Yes / No arr 4/6

To

1. The Assistant Commissioner of Excise, Excise Department, Office of the District Collector of Kanchipuram, Kanchipuram District.

2. The Managing Director, TASMAC Ltd, 4th Floor, CMDA Tower-II, Egmore, Chennai-08.

3. The Senior Regional Manager, TASMAC, Regional Managers Office, No.735, IV Floor, LLA Building, Anna Salai, Chennai.

4. The District Manager, TASMAC, Kanchipuram South, Plot No:14-18, SIDCO Industrial Estate, Military Road, Orikkai Village, Kanchipuram-631502.

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Krishnan Ramasamy,J., arr 19.03.2025 6/6