M.Vijayabharathi v. Tamilnadu State Marketing Corporation (Tasmac)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.No.12618 of 2023 M.Vijayabharathi ... Petitioner Vs.

1. Tamil Nadu State Marketing Corporation (TASMAC) Rep. by its Managing Director, CMDA Tower II, IV Floor, Gandhi Irwin Bridge, Egmore, Chennai - 600 008.

2. The District Manager, TASMAC Ltd., Tiruvallur (East) District, No.1, Bangalore Highway Road, Chembarabakkam, Chennai - 600 123.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, for issue a Writ of Mandamus, forbearing the respondents from preventing the petitioner in any way conducting the business of collecting empty liquor bottles annexed the IMFL Liquor Shop No.9170 situated at No.218/1B1A, Raja 1/6

Garden, Vanagaram Village, Ponneri Taluk, Chennai - 600 095, till 28/11/2023 as per the authorization of the 2nd respondent vide RC No.A6/2125/2022 dated 28/11/2022.

For Petitioner : No Appearance For Respondents : M/s.B.Aparna For Mr.Balakrishnan Standing Counsel

ORDER

There is no representation for the petitioner.

2. In this Writ Petition, the petitioner has prayed for a mandamus as follows:

" this Hon'ble Court may be pleased to issue an WRIT OF MANDAMUS forbearing the Respondents from preventing the Petitioner in any way conducting the business of collecting empty liquor bottles annexed the IMFL liquor shop No.9170 situated at No.218/1B1A, Raja Garden, Vanagaram Village, Ponneri Taluk, Chennai-600 095, till 28/11/2023 as per the authorization of the 2nd respondent vide RC No.A6/2125/2022 dated 28/11/2022."

3. The authorization of the 2nd respondent dated 28.11.2022 referred to supra reads as under:

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TASMAC holder of the Retail vending license issued by the Commissioner of prohibition and Excise in Proc.No. P&E 9(1)/6468/2021 dated: 15-11-2022, under the provisions of the Tamil Nadu prohibition Act 1937 (Tamil Nadu Act X of 1937) authorized the Senior Regional Manager, TASMAC Ltd., Chennai-02 for issuing necessary authorization in FORM-II to The District Manager, for sale of IMFS in Retail Vending Shops vide Managing Director, TASMAC Ltd., Chennai-08 RC No. B1/31802/2014 dated: 21-11-2022 has in turn authorized the District Manager to issue the license in FORM-II. Accordingly, The District Manager, TASMAC Ltd., Tiruvallur (East) as an agent of TASMAC is authorized to vend IMFS @ address specified below from the 29th Nov-2022 to 28th Nov-2023 subject to the Tamil Nadu Liquor Retail Vending (In shops and Bars) Rules 2003. IMFS Retail Vending Shop No.

: 9170 Local body in which the shop in located : Survey No.218/1BIA, Raja Garden, Vanagaram Village, Chennai-95, Poonamallee Taluk

4. It is observed that, the petitioner was issued with a license to sell snacks and to collect empty liquor bottles in Shop No.9170, situated at Raja Garden, Vanagaram Village, Chennai-95, Poonamallee Taluk, for a period of 2 years from 01.10.2019 to 30.09.2021 by an Order dated 30.09.2019.

5. The petitioner alleges that respondents have taken steps to hand over the business to a politically influenced person, despite the petitioner having 3/6

spent a huge sum of Rs.25,00,000/- to develop it.

6. The Learned Standing Counsel appearing for respondents would submit that the license issued to the petitioner for the above stated purpose was expired on 28.11.2023 and therefore, the petitioner cannot ask for the relief sought for.

7. That apart, it is submitted by the Learned Standing Counsel that, as per tender issued in the year 2023, license has been given to one Dinesh Bhairavan.

8. Having considered the submissions made by the Learned Standing Counsel for the respondents, I am of the view that, the relief sought for in this writ petition cannot be granted, as the respondents have no statutory obligation to continue providing business to the petitioner even after the expiry of the license period, following the auction held in 2019. Therefore, this Writ Petition is liable to be dismissed.

9. Accordingly, this Writ Petition stands dismissed. However, if the petitioner suffers any financial loss, they have the right to initiate proceedings 4/6

for recovery in accordance with the law. Connected miscellaneous petition is closed. No order as to costs.

19.09.2025 raja To

1. The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC) CMDA Tower II, IV Floor, Gandhi Irwin Bridge, Egmore, Chennai - 600 008.

2. The District Manager, TASMAC Ltd., Tiruvallur (East) District, No.1, Bangalore Highway Road, Chembarabakkam, Chennai - 600 123.

C.SARAVANAN, J.

raja 5/6

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