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Madras High CourtWP/10878/2024disposed of

Sakthivel v. The Government Of Tamil Nadu

2025-12-15Honourable Mr Justice Abdul Quddhose7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2025 Coram The Honourable Mr.Justice Abdul Quddhose and W.M.P.No.11980, 11984 & 17565 of 2024 SAKTHIVEL ..Petitioner Vs.

1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY PROHIBITION HOME AND EXCISE DEPARTMENT FORT ST.GEORGE, CHENNAI-600 009.

2 THE DISTRICT COLLECTOR KANCHEEPURAM DISTRICT.

3 THE CHAIRMAN CUM MANAGING DIRECTOR TAMIL NADU STATE MARKETING CORPORATION LTD.

4TH FLOOR, THALAMUTHU NATARAJAN MALIGAI EGMORE CHENNAI-600 008.

4 THE DISTRICT MANAGER (TASMAC) KANCHEEPURAM (NORTH) DISTRICT THIRUMAZHISAI PHASE (3) CHEMBARAMPAKKAM CHENNAI-600 123. ...Respondents 1/7

Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records of the District Collector (TASMAC) Kancheepuram District, the 2nd respondent herein culminating in Na.Ka.No.2022/2023/V1 dated 03.03.2024 and quash the same and further directions to the 2nd to 4th respondents to drop all further actions in shifting the Tasmac Shop No.4035 from the petitioner premises at Door No. 77, Nandambakkam Village, Sriperumbudur Taluk, Kancheepuram District to the proposed place Door No.56 Plot No. 822, Cini Production Assistant Nagar, Puduper Village, Sriperumbudur Taluk Kancheepuram District.

For Petitioner : Mr.B.Sundarapandiyan For Respondents 1 & 2 : Mr.P.Balathandayutham Special Government Pleader For Respondents 3 & 4 : Mr.K.Balakrishnan Standing Counsel (TASMAC) Order This Writ Petition has been filed challenging the order dated 03.03.2024 passed by the second respondent (District Collector, Kancheepuram) under which, the TASMAC shop of the petitioner is being shifted to another place.

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2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for respondents 1 and 2 and the learned Standing Counsel for respondents 3 and 4 and perused the materials placed on record.

3. The petitioner is having the benefit of an interim order in this Writ Petition, as this Court had granted interim stay of the operation of the said impugned order dated 03.03.2024. However, subsequent to the filing of this Writ Petition, another order dated 05.11.2025 came to be passed by the second respondent (District Collector, Kancheepuram) once again deciding to shift the TASMAC shop of the petitioner. The said order was also challenged by the very same petitioner by way of filing a Writ Petition in W.P.No.48029 of 2025 and by order dated 09.12.2025 passed by this Court in the said Writ Petition, subsequent order dated 05.11.2025 of the second respondent/District Collector, Kancheepuram and the proceedings of the District Manager (TASMAC) Kancheepuram dated 02.12.2025 came to be quashed and the said Writ Petition was disposed of by remanding the matter back to the respondents for fresh consideration. 3/7

4. In view of the quashment of the subsequent orders passed by the respondents, by this Court in W.P.No.48029 of 2025 and the TASMAC shop being one and the same, viz., shop, bearing No.4035, the impugned order passed in this Writ Petition has also got to be quashed. In fact, in the order dated 09.12.2025 passed by this Court in the connected matter, viz., W.P.No.48029 of 2025, the proceedings, which are challenged in this Writ Petition, viz,. the order dated 03.03.2024 passed by the second respondent herein and the pendency of this Writ Petition were also taken into consideration by this Court. Only thereafter, final orders were passed by this Court on 09.12.2025 in the connected W.P.No.48029 of 2025.

5. For the foregoing reasons, necessarily, the impugned order in this Writ Petition has also got to be quashed and matter has to be remanded back to the very same respondent for fresh consideration on merits and in accordance with law as per the direction issued by this Court in the connected matter, viz., W.P.No.48029 of 2025.

6. Accordingly, this Writ Petition is disposed of by quashing the impugned order dated 03.03.2024 passed by the second respondent and 4/7

remanding the matter back to the second respondent for fresh consideration on merits and in accordance with law along with the connected matter, which was the subject matter of consideration before this Court in W.P.No.48029 of 2025 and disposed of by order dated 09.12.2025. The respondents are directed to pass final orders in both the matters on the same date as directed by this Court in its earlier order dated 09.12.2025 passed in the connected Writ Petition in W.P.No.48029 of 2025. No costs. So far as connected Writ Miscellaneous Petitions in W.M.P.Nos.11980 and 11984 of 2024 are concerned, the same are closed and so far as W.M.P.No.17565 of 2024 is concerned, since this Writ Petition has been finally disposed of by this Court today, the learned counsel for the petitioner is not pressing W.M.P.No.17565 of 2024 and has also made an endorsement to that effect in the Court bundle. Accordingly, W.M.P.No.17565 of 2024 is dismissed as not pressed.

15.12.2025 sd Index : yes/no 5/7

To 1 THE GOVERNMENT OF TAMIL NADU REP. BY ITS SECRETARY PROHIBITION HOME AND EXCISE DEPARTMENT FORT ST.GEORGE, CHENNAI-600 009.

2 THE DISTRICT COLLECTOR KANCHEEPURAM DISTRICT.

3 THE CHAIRMAN CUM MANAGING DIRECTOR TAMIL NADU STATE MARKETING CORPORATION LTD.

4TH FLOOR, THALAMUTHU NATARAJAN MALIGAI EGMORE CHENNAI-600 008.

4 THE DISTRICT MANAGER (TASMAC) KANCHEEPURAM (NORTH) DISTRICT THIRUMAZHISAI PHASE (3) CHEMBARAMPAKKAM CHENNAI-600 123.

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Abdul Quddhose,J., sd 15.12.2025 7/7