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Madras High CourtWP/8885/2020disposed of

S.Jayabalan v. The Tamilnadu State Marketing Corporation

2020-07-06Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice R. Hemalatha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2020

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH and THE HON'BLE MRS.JUSTICE R.HEMALATHA W.P.No.8885 of 2020 S.Jayabalan .. Petitioner Vs.

1.The Tamil Nadu State Marketing Corporation Ltd (TASMAC) Rep. by its Managing Director, Thalamuthu Nataraan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The District Collector, Coimbatore District, Coimbatore.

3.The Tamil Nadu State Marketing Corporation Ltd (TASMAC) Rep. by its Senior Regional Manager, Coimbatore District, Coimbatore.

4.The Tamil Nadu State Marketing Corporation Ltd (TASMAC) Rep. by its District Manager, Coimbatore District, Coimbatore.

.. Respondents Prayer: Writ Petition filed under 226 of the Constitution of India to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of writ directing respondents to close down the TASMAC Wine Shop in the agricultural filed at Door No.2/222 & 2/223, Ayima Puthur Village, Odderpalayam Post, Coimbatore District.

For Petitioner .. Mr.K.Selvaraj for Ms.Sugirdha Rathna For Respondents .. Mr.G.K.Muthukumar, Spl. G.P.

for R2 Mr.Sathish for R1,R3 & R4

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Mr.Sathish, learned counsel takes notice for respondents 1, 3 and 4 and Mr.G.K.Muthukumar, learned Special Government Pleader takes notice for the second respondent.

2. The petitioner has come forward to file this writ petition with the allegation that the liquor shop is being run in a place where the land has been classified as the agricultural one.

3. The learned counsel appearing for respondents 1,3 and 4 submitted that there is no bar provided appropriate permission has been obtained from the competent authority. This is a question of fact, which cannot be gone into by us. Admittedly, the petitioner has approached this Court without even making a complaint to the respondents.

4. In such view of the matter, the writ petition stands disposed of giving liberty to the petitioner to approach the second respondent within a period of four weeks from the date of receipt of a copy of this order. As and when such a representation is made, the same will have to be disposed of within a further period of four weeks. No costs. Consequently, connected W.M.P.No.10797 of 2020 is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mmi/ssm To 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd(TASMAC) Thalamuthu Nataraan Maaligai, Gandhi Irwin Road, Egmore, Chennai - 600 008.

2.The District Collector, Coimbatore District,Coimbatore.

3.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd (TASMAC) Coimbatore District, Coimbatore.

4.The District Manager, Tamil Nadu State Marketing Corporation Ltd (TASMAC), Coimbatore District, Coimbatore.

W.P.No.8885 of 2020 MR(CO) CB(23/09/2020)