Erk v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD ERK S/o. Late. Ellappan ..

Petitioner Vs.

1. The District Collector District Collectorate Complex Fort Main Road, Salem - 636 001.

2. The Assistant Commissioner (Excise) Department of Excise District Collectorate Complex Salem - 636 001.

3. The Senior Regional Manager TASMAC, No.56, Brindavan Road Fair Lands, Salem - 636 016.

4. The District Manager TASMAC, 2/92, Sandhiyur Village S.Attayampatti, Salem District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to remove the TASMAC liquor shop bearing No.7141, situated at Railady Street, Attur an relocate it to some other unobjectionable place based on my representation dated 30.01.2024.

For the Petitioner : Mr.A.Arun for Mr.S.Sathia Chandran For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.P.Harish Government Advocate for R1 and R2 Mr.M.Sekar for R3 and R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.Arun, learned counsel appearing for Mr.S.Sathia Chandran, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.P.Harish, learned Government Advocate for respondents 1 and 2 and Mr.M.Sekar, learned counsel for respondents 3 and 4.

2. The contention of the learned counsel for the petitioner is that the TASMAC liquor shop bearing No.7141 situated at Railady street, Attur is being operated illegally and unauthorizedly.

3. Learned State Government Pleader submits that the petitioner has a remedy under Rule 9A of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003.

4. In the light of that, the petitioner may avail the alternate remedy, as may be permissible under law. In that event, all contentions of the respective parties are kept open.

5. The writ petition, accordingly, stands disposed of. There shall be no orders as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 01.04.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector District Collectorate Complex Fort Main Road, Salem - 636 001.

2. The Assistant Commissioner (Excise) Department of Excise District Collectorate Complex Salem - 636 001.

3. The Senior Regional Manager TASMAC, No.56, Brindavan Road Fair Lands, Salem - 636 016.

4. The District Manager TASMAC, 2/92, Sandhiyur Village S.Attayampatti, Salem District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 01.04.2024