Madras High CourtWP/15669/2017disposed of

S.Palanisamy, v. The District Collector

2017-06-22Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2017

CORAM

THE HON'BLE Mr. JUSTICE K.RAVICHANDRABAABU W.P.No.15669 of 2017 and WMP.No.16960 of 2017 S.Palanisamy ... Petitioner Vs.

1.The District Collector Erode District, Erode.

2.The Regional Manager Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Coimbatore.

3.The District Manager Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Suriyampalayam Vasavi College Post, Erode, Erode District.

4.Suveetha ... Respondents Prayer:Writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the respondents 1 to 3 from opening the liquor shop (TASMAC shop) in R.S.No.411/4 of Periyasemur Village, Erode Taluk, Erode District by considering the petitioner's representation dated 09.06.2017. For Petitioner : Mr.I.C.Vasudevan For Respondents : Mr.Akhil Akbar Ali, Government Advocate, For R1 Mr.John Kennedy, Standing Counsel, For R2 & R3

O R D E R

Mr.Akhil Akbar Ali, learned Government Advocate, takes notice for the first respondent and Mr.John Kennedy, learned Standing Counsel, takes notice for the respondents 2 and 3. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage.

2. The petitioner seeks for a mandamus, forbearing the respondents 1 to 3 from opening the liquor shop (TASMAC shop) in R.S.No.411/4 of Periyasemur Village, Erode Taluk, Erode District by considering his representation dated 09.06.2017.

3. According to the petitioner, the proposed location of the TASMAC shop is objectionable and therefore, the official respondents cannot locate the said TASMAC shop without considering his representation dated 09.06.2017.

4. This Court, at this stage, is not expressing any view on the claim made by the petitioner, as it is for the third respondent to consider and decide the representation of the petitioner, after hearing all the parties concerned. Since the petitioner has made the representation only to the first respondent, a copy of the same shall be given to the third respondent by the petitioner immediately. Accordingly, this writ petition is disposed of, only by directing the third respondent to consider the said representation dated 09.06.2017 and pass orders on merits and in accordance with law, after hearing the petitioner as well as other private parties, if any. Such exercise shall be done by the third respondent within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.The District Collector Erode District, Erode.

2.The Regional Manager Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Coimbatore.

3.The District Manager Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Suriyampalayam Vasavi College Post, Erode, Erode District.

+1cc to Mr.I.C.Vasudevan, Advocate SR.No.43830 +1cc to Mr.M.John Kennedy, Advocate SR.No.43867 W.P.No.15669 of 2017 CA(CO) GN(04/07/2017)