Sakthivel v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.Nos.9983, 9984 & 9985 of 2026 Sakthivel S/o. Sivanantham, No. 56 Gandhi road, West Tambaram, Chennai 45 ..Petitioner(s) Vs
1. The Government Of Tamil Nadu rep by its Secretary, Prohibition, Home and Excise department, Fort St.George, Chennai 09.
2. The District Collector Kancheepuram district
3. The Chairman Cum Managing Director Tamilnadu state Marketing Corporation ltd, 4th floor, Thalamuthu Natarajan Maligai, Egmore, Chennai-600 008
4. The District Manager(TASMAC) Kancheepuram (North) District, Thirumazhisai Phase (3), Chembarampakkam, Chennai-600 123.
..Respondent(s) Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records of the District Collector (TASMAC), Kancheepuram District the 2nd respondent herein culminating in Na.Ka.No.2022/2023/V1 dated 12.01.2026 and quash the same and further directions to the 2nd to 4th respondents to drop all further action in shifting the TASMAC Shop No.4035 from the petitioner
premises at Door No.77, Nandambakkam village, Sriperumbudur Taluk, kancheepuram District to the proposed place Door No.56, Plot No.827, survey No.109/1 Cini production Assistant Nagar, Pudupet village, Sriperumbudur Taluk, Kancheepuram District.
For Petitioner(s):
B.Sundarapandiyan For Respondent(s):
Mr.V.Jeevagiridharan Additional Government Pleader for R1 & 2 Mr.K.Balakrishnan Standing Counsel for R3 & R4
ORDER
Mr.V.Jeevagiridharan, the learned Additional Government Pleader for R1 and R2 and Mr.K.Balakrishnan, the learned Standing Counsel for R3 and R4.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. The present writ petition is filed challenging the impugned order dated 12.01.2026 whereby, the petitioner's representation against the shifting of TASMAC Shop No.4035 from the petitioner's premises on the limited ground that the same has been passed without putting the petitioner on notice despite the fact that this Court on an earlier round of litigation in W.P.No.48029/2025 dated 09.12.2025, has specifically directed the second respondent to pass orders on the representation of the petitioner after affording the petitioner an opportunity of personal hearing. However, the impugned order proceeds to state
that the petitioner had been heard on 21.05.2025 that is much prior to the date of the above direction and thus no further hearing needs to be afforded.
4. This impugned order is passed clearly contrary to the directions of this Court dated 09.12.2025. On this being pointed out, the learned Additional Government Pleader appearing for Respondents 1 and 2 would submit that they would pass orders afresh after affording reasonable opportunity to the petitioner and any other interested party of being heard and pass orders afresh within a period of four weeks from the date of receipt of a copy of this order.
5. In view of the above, this Writ Petition is disposed of and the impugned order passed by the second respondent in Na.Ka.No.2022/2023/V1 dated 12.01.2026, is hereby quashed and the case is remitted back to the second respondent to pass appropriate orders on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner, and other interested persons, within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petitions are closed. 06-03-2026 Index: Yes/No Speaking/Non-speaking order BKN MOHAMMED SHAFFIQ, J.
BKN To:
1. The Secretary, Government Of Tamil Nadu Prohibition, Home and Excise Department, Fort St.George, Chennai 09.
2. The District Collector Kancheepuram District.
06-03-2026