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Madras High CourtWP/7399/2004dismissed

Mr.S.Velayudham v. Secretary [Excise And

2017-05-05Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.7399 of 2004 and WMP No.8757 of 2004 S.Velayudham .. Petitioner Vs.

1. The State of Tamil Nadu, rep. By its Secretary (Excise and Prohibition Dept.), Fort St. George, Chennai 600 009.

2. The TASMAC, rep. By its Managing Director, III Floor, L.L.A. Building, 735, Anna Salai, Chennai. .. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the 2nd respondent, their men, agents, servants, etc., from carrying on or conducting any business of Wine shop and Bar at Door No.67 and 68, Alandur Road, Saidapet, Chennai 600 015.

For Petitioner : Mr.G.Vijay Anand For Respondents : Mr.K.Dhananjeyan, Special Government Pleader

O R D E R

The writ petitioner came out with this Writ Petition for the relief of Mandamus forbearing the second respondent from carrying on or conducting any business of Wine shop and Bar at Door No.67 and 68, Alandur Road, Saidapet, Chennai 600 015..

2.

Admittedly, the writ petitioner was running a private Wine Shop in the name and style of "Relax Wines" at Door Nos.67 and 68 at Alandur Road, Saidapet. Pursuant to the Government Policy adopted subsequently, no private wine shops are permitted and hence, the prayer, sought for by the writ petitioner, is not maintainable. No such direction can be granted by this Court under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed as not maintainable. No costs. Consequently, connected WMP is closed. 05.05.2017 Speaking/Non Speaking Internet: Yes/No Index: Yes/No sr

To

1. The Secretary to State of Tamil Nadu, (Excise and Prohibition Dept.), Fort St. George, Chennai 600 009.

2. The Managing Director, TASMAC, III Floor, L.L.A. Building, 735, Anna Salai, Chennai.

S.M.SUBRAMANIAM,J., sr W.P.No.7399 of 2004 05.05.2017