Madras High CourtWP/11669/2017closed

Irudayaraj, v. The Managing Director,

2017-05-11Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE K. KALYANASUNDRAM AND THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No. 11669 of 2017 and W.M.P. 12696 of 2017 Irudayaraj ...

Petitioner Vs

1. The Managing Director, Tamilnadu State Marketing Corporation Ltd.(TASMAC) 4th Floor, C.M.D.A. Tower II Egmore, Chennai-600 008.

2. The Commissioner of Prohibition and Excise, Chepuak, Chennai-600 005.

3. The District Collector, Villupuram District.

4. The District Manager, Tasmac Retail Vending Shops, Tasmac Ltd., Villupuram District.

5. The Superintendent of Police, Villupuram District.

6.The Tahsildar, Tindivanam.

7. Henry Joseph ... Respondents Prayer:

Writ petition is filed under 226 of Constitution of India to issue a Writ of Mandamus forbearing the respondents particularly the District Manager Tasmac Retail Vending Shops, TASMAC, Villupuram District, The District Collector, Villupuram District, The Superintendent of Police, Villupuram the respondents 3 to 5 from running the Tasmac shop No.11569 in the residential house of the 7th respondent since the same is situated within the prohibited distance 100 meters from the Church, mosque and a Government High School to the Tasmac shop in Theevanur Village, Villupuram District and also in violation of the Supreme Court order in Civil Appeal 12164, 12166 of 2016 dated 31.03.2017.

For Petitioner: Mr.T.Mohan for Mr.K.Balakrishnan For Respondents : Mr.K.Venkatramani Additional Advocate General for Mr.B.Nedunchezian and Mr.R.Vijayakumar Additional Government Pleader

O R D E R

(Order of the Court was delivered by K. KALYANASUNDRAM J.,) The writ petition has been filed to forbear the respondents particularly the District Manager Tasmac Retail Vending Shops, TASMAC, Villupuram District, The District Collector, Villupuram District, The Superintendent of Police, Villupuram the respondents 3 to 5 from running the Tasmac shop No.11569 in the residential house of the 7th respondent

since the same is situated within the prohibited distance 100 meters from the Church, mosque and a Government High School to the Tasmac shop in Theevanur Village, Villupuram District and also in violation of the Supreme Court order in Civil Appeal 12164, 12166 of 2016 dated 31.03.2017.

2. When the matter is taken up for hearing, Mr.K.Venkatramani, learned Additional Advocate General appearing for the respondents, on instructions would submit that the Tasmac shop No.11569 opened at the residential house of the seventh respondent is now closed and they have no proposal to reopen the same.

3. Recording the said submission, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous petition is also closed. [M.K.K.S.J.,] [S.M.S.J.,] 11.05.2017 Speaking (or) Non Speaking Index : Yes (or) No Internet Yes (or) No arr

K. KALYANASUNDRAM, J., AND S.M.SUBRAMANIAM,J.

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