N.Mohamed Imran Khan, v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20/9/2018 C O R A M THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD Writ Petition No.24903 of 2018 N. Mohamed Imran Khan

...Petitioner

Vs.

1. The State of Tamil Nadu rep. By its Secretary to Government Home, Prohibition and Excise Department Fort St. George Chennai 600 009.

2. The Managing Director TASMAC Limited Fourth Floor, CMDA Tower - II Gandhi Irwin Road Egmore, Chennai 600 008.

3. Mr.Annadurai, IAS District Collector Thanjavur District.

4. Mr.Thirugnanam The Then District Manager Thanjavur now working at TASMAC Limited Vigilance Section CMDA Tower II Gandhi Irwin Road, Egmore Chennai 600 008.

...Respondents

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus, directing the respondents 1 and 2 to close the TASMAC Retail Outlet in Shop No.7840 situate at Orathanadu Town and Taluk, Thanjavur District and Shop No.7903 situate at Neelagiri Village, near Thanjavur New Bus stand, Thanjavur Taluk and District and consequently, to take necessary action against the respondents 3 and 4 who are the erring officials failed to discharge their duty for violation of Rule 8 (1) of Tamil Nadu Liquor Vending (in shops and Bars) Rules, 2003 based on petitioner's representation dated 8/7/2018.

For Petitioner ... Mr.C.Prabakaran For Respondents ... Mr.E.Manoharan Additional Government Pleader for R.R.1 and 3.

Mr.K.Sathish Kumar Standing Counsel for R.R.2 and 4.

- - - - -

O R D E R

(Order of the Court was made by S.MANIKUMAR, J) Mr.M.Mohamed Imran Khan, a practising Advocate, has sought for a writ of mandamus, directing the respondents 1 and 2, to close the TASMAC Retail Outlet, in Shop No.7840, situate at Orathanadu Town and Taluk, Thanjavur District and Shop No.7903 situate at Neelagiri Village, near Thanjavur New Bus stand, Thanjavur Taluk and District and consequently, to take necessary action against the respondents 3 and 4, who have failed to discharge their duty, for violation of Rule 8 (1) of Tamil Nadu Liquor Vending (in shops and Bars) Rules, 2003, based on petitioner's representation, dated 8/7/2018.

2. Before the learned counsel appearing for the petitioner, commenced his argument, on the merit of this case, by inviting the attention of this Court, to the location of the shop, sought to be closed, Mr.K.Sathish Kumar, learned Standing Counsel for Tasmac, submitted that cause of action has arisen, in Madurai Bench of Madras High Court and therefore, writ petition could not lie, in the Principal Bench.

3. Perusal of the supporting affidavit of the writ petitioner, shows that the District Collector, Thanjavur District and the District Manager, Thanjavur, have been sued in their individual capacity. Even if there is any averment of failure to discharge the official duty, we are unable to understand as to the above said officials could be sued in their individual capacity.

4. Be that as it may, learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition and he has also made an endorsement to that effect.

5. Placing on record the above, writ petition is dismissed as withdrawn. No costs.

MVS Sd/- Assistant Registrar(CS VI) // True Copy// Sub Assistant Registrar

To

1. The Secretary to Government State of Tamil Nadu Home, Prohibition and Excise Department Fort St. George Chennai 600 009.

2. The Managing Director TASMAC Limited Fourth Floor, CMDA Tower - II Gandhi Irwin Road Egmore, Chennai 600 008.

+ 1 CC TO MR.K.SATHISH KUMAR, ADVOCATE SR 65259 + 1 CC TO MR.C.PRABAKARAN, ADVOCATE SR 65620 + 1 CC TO THE GOVT. PLEADER, SR 65646 KR/5/10/18 Writ Petition No.24903 of 2018