Tamil Nadu Bars And Club v. K. Balu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Monday, the Sixth day of November Two Thousand Seventeen PRESENT THE HON'BLE MS.INDIRA BANERJEE, THE CHIEF JUSTICE AND THE HON`BLE MR JUSTICE M. SUNDAR WMP No.26508 & 26509 of 2017 IN WP.23974/2017 1 TAMIL NADU BARS AND CLUB [ PETITIONER ] OWNERS ASSOCIATION, REP. BY ITS PRESIDENT DR. BENZE SARAVANAN, NO.781, RAYALA TOWERS, 2ND FLOOR., ANNA SALAI, CHENNAI-600 002.
SOUTH INDIA HOTELS AND RESTAURANT'S ASSOCIATION REP. BY ITS EXECUTIVE COMMITTEE MEMBER MR.R.SRINIVASAN OFFICE NO.3 6TH FLOOR, SEETHAKATHI BUSINESS CENTRE, ANNA SALAI, CHENNAI 600 002 Vs 1 K. BALU [ RESPONDENT ] PRESIDENT, ADVOCATES FORUM FOR SOCIAL JUSTICE, 2 THE STATE OF TAMILNADU REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT , FORT ST. GEORGE, CHENNAI 600 3 THE PRINCIPAL SECRETARY TO THE GOVT., HOME, PROHIBITION & EXCISE DEPT., SECRETARIAT , FORT ST. GEORGE, CHENNAI 600 4 THE COMMISSIONER PROHIBITION AND EXCISE DEPT, CHEPAUK, CHENNAI 05
5 TASMAC LTD., REP. BY ITS MANAGING DIRECTOR, 4TH FLOOR, CMDA TOWER, GANDHI IRWIN BRIDGE, EGMORE, CHENNAI 08 6 THE UNION OF INDIA REP. BY ITS SECRETARY TO THE GOVT., MINISTRY OF ROAD TRANSPORT AND HIGHWAYS , TRANSPORT BHAWAN, PARLIAMENT ST, NEW DELHI 110 001 7 THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, SRI TOWER, 3RD FLOOR, DP 34 (SP), INDUSTRIAL ESTATE , GUINDY, CHENNAI 600 032 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Implead the 3rd party Petitioner as the 7th Respondent in the above Writ Petition No.23974 of 2017.(IN WMP.26508 OF 2017) (2)Implead the petitioner in the above Writ Petition as a respondent and pass such further or other orders as this Hon'ble Court deems fit and proper in the interests of justice.(IN WMP.
26509 OF 2017)pending disposal of above WP.23974/2017 Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.K.VENKATESAN, Advocate for the petitioner in WMP.26508 OF 2017 and of MR.P.S.RAMAN Senior Counsel FOR M/S.SEETHAPATHY, Advocate for the petitioner in wmp.26509 of 2017 and of MR.VIJAYANARAYANAN, Advocate General Asst. By MR. JOHN KENNADY, Advocate for 5th respondent in both the petitions the court made the following order:- (Order of the Court was made by The Hon'ble Chief Justice) The two applicants are associations of Hotel and Bars & Club owners, who would be affected by the orders sought in this writ petition.
In our view, the applicants are necessary and proper parties whose presence is necessary for proper and effective adjudication of the issues raised in the writ petition. However, since issues involved are mainly issues of law, we do not deem it necessary to call for any counter-affidavits. The Writ Court does not decide factual disputes as to whether any liquor shop is located at a distance of 300 metres or 160 metres or 150 metres. These aspects would have to be looked into by the authorities concerned. The Court might only intervene if there were a specific allegation of establishment of a TASMAC shop within the prohibited area giving details of the breach alleged, including the actual distance from the educational institutions, place of worship, highway etc.
2. Applications are allowed. Memo of parties be amended accordingly.
-sd/- 06/11/2017 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE STATE OF TAMILNADU REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT , FORT ST. GEORGE, CHENNAI 600 2 THE PRINCIPAL SECRETARY TO THE GOVT., HOME, PROHIBITION & EXCISE DEPT., SECRETARIAT , FORT ST. GEORGE, CHENNAI 600 3 THE COMMISSIONER PROHIBITION AND EXCISE DEPT, CHEPAUK, CHENNAI 05 4 TASMAC LTD., REP. BY ITS MANAGING DIRECTOR, 4TH FLOOR, CMDA TOWER, GANDHI IRWIN BRIDGE, EGMORE, CHENNAI 08 5 THE UNION OF INDIA REP. BY ITS SECRETARY TO THE GOVT., MINISTRY OF ROAD TRANSPORT AND HIGHWAYS , TRANSPORT BHAWAN, PARLIAMENT ST, NEW DELHI 110 001 6 THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, SRI TOWER, 3RD FLOOR, DP 34 (SP), INDUSTRIAL ESTATE , GUINDY, CHENNAI 600 032 C.C. to M/S.K.VENKATESAN Advocate on payment of necessary charges The Government Advocate, High Court, Madras - 104. C.C. to M/S.M.JOHN KENNADY Advocate on payment of necessary charges
Order in WMP No.26508 & 26509 of 2017 IN WP.23974/2017 Date :06/11/2017 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format T.R (06/11/2017)