Madras High CourtWP/12914/2017disposed of

R.N.Balasurbamanian v. The Managing Director

2017-05-18Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.12914 of 2017 R.N.Balasubramanian rep. by its Secretary, Wing Haven Garden Owners Association

...Petitioner

Vs 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd.

CMDA Tower II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2.The Collector, Kanchipuram District, Kanchipuram.

3.C.Murthy 4.C.Murugan ..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 23.04.2017.

For Petitioner :

Dr.C.K.Syed Shaffi For R1 :

Mr.B.Neduchzhiyan For R2 :

Mr.N.Sakthivel, GA

ORDER

The prayer made in the writ petition is to issue a writ of Mandamus directing the respondents 1 and 2 to consider the representation of the petitioner dated 23.04.2017. 2.It is the case of the petitioner that he submitted a representation dated 23.04.2017 to the respondents 1 and 2, requesting to close and relocate the existing TASMAC shop at https://hcservices.ecourts.gov.in/hcservices/

Karanai Village, Thalambur Post, Chennai - 600 130, owned by the respondents 3 and 4 herein, as it is situated adjacent to the houses, schools and temple. Since the said representation was not considered till date, the petitioner is before this Court with the present writ petition for the above stated relief. 3.Heard the learned counsel for the petitioner, the learned standing counsel for the first respondent and the learned Government Advocate appearing for the second respondent. 4.In view of the limited prayer sought for by the petitioner, this Court directs the respondents 1 and 2 to consider the representation dated 23.04.

2017 submitted by the petitioner, after granting due opportunity of hearing to the petitioner as well as any of the interested parties and pass appropriate orders in line with the decision of the Hon'ble Supreme Court in Civil Appeal Nos.12614 - 12616 of 2016 (Order dated 15.12.2016, clarified by order dated 31.03.2017) and also as per Rule 8 of the Tamil Nadu Liquor Retail Vending (Inshops and Bars) Rules, 2003. Such exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

5.The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rk To 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd.

CMDA Tower II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

2.The Collector, Kanchipuram District, Kanchipuram.

+ 1 cc to DR.Syed Shaffi, Advocate SR.37801 W.P.No.12914 of 2017 MG(CO) Eu 23.5.17 https://hcservices.ecourts.gov.in/hcservices/