T.Saravana Boopathi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.24494 of 2018 T.Saravana Boopathi ..Petitioner Vs.
1.
The District Collector Coimbatore District Coimbatore.
2.
The Senior Regional Manager / DRO 305 A Vilankurichi Road, Peelamedu, Old Shinthamani Cooperative Godown Coimbatore - 641 004.
3.
The District Manager Coimbatore (North) IMFS Depot, TASMAC Ltd., 131, MSR Complex, Dayalan Street Kavundampalayam, Coimbatore - 641 030.
..Respondents Writ petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 19.07.2018 and 01.09.2018 in accordance with law and pass orders with respect to shifting TASMAC Retail liquor vending shop bearing No.1639 and consequently, till then forbear the respondents from opening the bar room attached to the TASMAC Retail liquor vending shop bearing No.1639.
For Petitioner :
Mr.J.Pratheep for Mr.P.Saravana Sowmiyan For Respondents :
Mr.N.Inbanathan Additional Government Pleader for R1 Mr.K.Sathish Kumar Standing Counsel, for R2 & R3
O R D E R
Mr.N.Inbanathan, learned Additional Government Pleader takes notice for the first respondent. Mr.K.Sathish Kumar, learned Standing Counsel takes notice for the respondents 2 and 3. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.
2. The petitioner seeks for mandamus directing the first respondent to consider his representations dated 19.07.2018 and 01.09.2018, wherein and whereby, he made a request to shift a TASMAC liquor shop bearing No.1639 situated at his locality, by contending that the said location of the said TASMAC shop is affecting the public interest as well as in violation of the distance rules.
3. The grievance of the petitioner before this Court is that those representations are not considered so far. This Court, at this stage, is not expressing any view on the merits of the contentions raised by the petitioner, as it is for the first respondent to consider the said representations and pass orders on the same on merits and in accordance with law, after hearing all the parties concerned, including the petitioner and the third respondent.
4. Accordingly, this writ petition is disposed of, only by directing the first respondent to consider the said representations of the petitioner dated 19.07.2018 and 01.09.2018 and pass orders on the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS ix) //True Copy// Sub Assistant Registrar mk To 1.
The District Collector Coimbatore District Coimbatore.
2.
The Senior Regional Manager / DRO 305 A Vilankurichi Road,
Peelamedu, Old Shinthamani Cooperative Godown Coimbatore - 641 004.
3.
The District Manager Coimbatore (North) IMFS Depot, TASMAC Ltd., 131, MSR Complex, Dayalan Street Kavundampalayam, Coimbatore - 641 030.
+1cc to Mr.K.Sathish kumar , Advocate SR.No. 64323 +1 CC TO GOVERNMENT PLEADER SR.NO. 65041 +1cc to Mr.P.saraana sowmiyan , Advocate SR.No. 64169 W.P.No.24494 of 2018 ASK(03/10/2018)