T.K.Chakrapani, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2017

CORAM:

THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM Writ Petition No.13343 of 2017 and W.M.P.No.14371 of 2017 T.K.Chakrapani ... Petitioner ..vs..

1. The District Collector, Thiruvallur District

2. The District Manager, Tamil Nadu State Marketing Corporation, Tiruvallur District ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from opening a TASMAC liquor shop or bar (TASMAC Shop 8755) between Thottareddykuppam Village and Thandalam, in contravention of the Tamil Nadu Retail Vending in Liquor Shops and Bar Rules, 2003, and the directions set out in the judgment of the Supreme Court in the State of Tamil Nadu v. K.Balu.

For Petitioner : Mr.Govind Chandrasekhar For Respondents : Mr. A.Srijayanthi, Spl.G.P., for R-1 Mr. Arumugharajan, for R-2 ---

O R D E R

Heard Mr.Govind Chandrasekhar, learned counsel appearing for the petitioner, Mrs.A.Srijayanthi, learned Special Government Pleader appearing for the first respondent and Mr. Arumugharajan, learned Standing Counsel, appearing for the second respondent. With consent of the learned counsel for both sides, the writ petition itself is taken up for final disposal.

2. The petitioner is before this Court praying for a direction upon the respondents to forbear them from opening TASMAC Liquor Shop No.8755, along with the bar attached, at Thottareddykuppam Village and Thandalam, in violation of the relevant rules.

3. It appears that the District Collector has passed an order on 02.05.2017, directing the closure of the said shop. Though the second respondent does not admit the same in the counter affidavit, it is stated that the shop has been temporarily closed, on and from 01.05.2017 on account of protest by the public to close down the shop. Thus, as of now, the shop has been closed and it shall remain

closed, unless and until the District Collector passes any orders otherwise.

4. With the above observation, the writ petition stands disposed of. No costs. Consequently, the connected WMP is closed. 24.08.2017 Index: Yes / No Web : Yes / No Speaking Order / Non Speaking Order.

srk To

1. The District Collector, Thiruvallur District

2. The District Manager, Tamil Nadu State Marketing Corporation, Tiruvallur District

T.S.SIVAGNANAM, J., srk Writ Petition No.13343 of 2017 & W.M.P.No.14371 of 2017 24.08.2017