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Madras High CourtWP/34418/2017disposed of

K.Balu, v. The State Of Tamil Nadu,

2018-01-05Honourable The Chief Justice,Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2018 CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE ABDUL QUDDHOSE W.P. No.34418 of 2017 K.Balu .. Petitioner -vs1.The State of Tamil Nadu, rep. By its the Additional Chief Secretary to Government, Home, Prohibition and Excise Dept., Fort St. George, Chennai 600 009.

2.The Commissioner, Prohibition and Excise Dept., Chepauk, Chennai 600 005.

3.The Managing Director, Tamil Nadu State Marketing Corporation, Thalamuthu Natarajan Building, 4th Floor, 2nd Block, Egmore, Chennai 600 008. 4.The Director General of Police, Mylapore, Chennai 600 004.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, to direct the respondents to revisit the existing prohibition policy of the State of Tamil Nadu and its Rules of Tamil Nadu Retail Liquor Vending Rules 2003 in respect of relocation or establishment of Tasmac shops/bars in residential areas based on the petitioner's representation dated 10.11.2017 and in the light of the judgment of this Court dated 11.05.2017 in W.P.No.12294 of 2017 and etc. batch.

For Petitioner :

Mr.N.L.Rajah, Sr. Counsel for Mr.M.R.Jothimanian For Respondents:

Mr.P.H.Aravindh Pandian, Addl. Advocate General Assisted by Mr.T.N.Rajagopalan Govt. Pleader (I/c.) for RR 1, 2 & 4 :

Mr.K.Sathish Kumar for R-3 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) After hearing the learned counsel appearing for the respective parties, the writ petition is disposed of by directing the respondent authorities to consider the representation of the petitioner dated 10.11.2017 in accordance with law and in the light of the judgments of the Supreme Court as also this Court and take a decision within a period of six

(6) weeks from the date of receipt of a copy of this order. The decision of the respondent authorities shall be communicated to the petitioner within three (3) weeks from the date thereof. No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar sra To 1.The Additional Chief Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Dept., Fort St. George, Chennai 600 009.

2.The Commissioner, Prohibition and Excise Dept., Chepauk, Chennai 600 005.

3.The Managing Director, Tamil Nadu State Marketing Corporation, Thalamuthu Natarajan Building, 4th Floor, 2nd Block, Egmore, Chennai 600 008. 4.The Director General of Police, Mylapore, Chennai 600 004.

+ 1 cc to M/s. K. Sathish Kumar, Advocate SR.964 + 1 cc to M/s. M.R. Jothimanian, Advocate SR.1222 + 1 cc to Government Pleader SR.1108 W.P.No.34418 of 2017 KAN(CO) EU(23/01/2018) https://hcservices.ecourts.gov.in/hcservices/