K.P.Thangavel, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2017

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.17935 of 2017 and WMP.No.19464 of 2017 K.P.Thangavel .. Petitioner vs.

1. The District Collector, Collector's Office, Tiruppur.

2. The Deputy Collector/ District Manager (Excise), TASMAC, Tiruppur.

3. The Assistant Commissioner of Police, Tiruppur North, Tiruppur.

4. The Tahsildar, Tiruppur North, Tiruppur.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 3 and 4 not to locate new TASMAC shops bearing Nos.1932 and 1996 in the proposed building in the land situated at Ward No.46, Kallampalayam and Naththakadu, M.G.R. Nagar, Tiruppur.

For Petitioner : Mr.C.R.Prasanan For Respondents : Mrs.Vasudha Thiagarajan Addl. Government Pleader for respondents 1, 3 & 4 Mr.John Kennedy for 2nd respondent https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition is directed against the decision of the respondent authorities to set up two TASMAC shops on the northern side of Vaikkattu Thottam Road, Tiruppur.

2. The petitioner has not adverted to the contravention of any specific provision of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 or of any order of this Court. It is however contended that the proposed shops are in residential area and the road leading to the shops is narrow and also it will cause inconvenience to the residents.

3. In the absence of any allegation of violation of any specific rule or regulation or violation of any order passed by this Court, interference of the Writ Court is not warranted. However, any representation to the concerned District Collector, may be taken into consideration before permission is granted to set up the shops in question.

4. The writ petition is disposed of with the above observations. No costs. Consequently, W.M.P.No.19464 of 2017 is closed.

s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar bbr To:

1. The District Collector, Collector's Office, Tiruppur.

2. The Deputy Collector/ District Manager (Excise), TASMAC, Tiruppur.

3. The Assistant Commissioner of Police, Tiruppur North,Tiruppur.

4. The Tahsildar, Tiruppur North, Tiruppur.

+1 CC to Mr.C.R. Prasannan, Advocate sr 49603 +1 CC to Mr.M. John Kennedy, Advocate sr 49581. +1 CC to Govt. Pleader sr 49884 W.P.No.17935 of 2017 SP(31/07/2017) https://hcservices.ecourts.gov.in/hcservices/