Madras High CourtWP/16236/2023disposed of

P.Duraisamy v. The Chairman

2023-06-28Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and WMP No.15629 of 2023 P.Duraisamy .. Petitioner -vs1. The Chairman, Tamil Nadu State Marketing Corporation Limited, CMDA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.

2. The District Collector, Coimbatore District, Coimbatore.

3. The Senior Regional Manager, TASMAC Limited, No.305-A, Vilankurichi Road, Peelamedu Railway Station back side, Chintamani Co-operative Society Depot, Peelamedu, Coimbatore 641 004.

4. The District Manager, IMFS Depot, TASMAC Ltd., 131, No.305-A, Vilankurichi Road, Peelamedu Railway Station back side, Chintamani Co-operative Society Depot, Peelamedu, Coimbatore 641 004.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to relocate the TASMAC Retail Liquor Shop No.1560 which is to be formed at S.No.46, Kavundanpalayam village, Coimbatore (North) Taluk, Coimbatore District, by considering the petitioner's representation dated 17.04.2023.

For the Petitioner :

Mr.T.Balaji For the Respondents :

Mr.K.Sathishkumar Stdg. Counsel for RR 1, 3 and 4 :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Special Government Pleader, for R-2 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.T.Balaji, learned counsel for the petitioner and Mr.K.Sathiskumar, learned standing counsel for respondents 1, 3 and 4 so also Mr.P.Muthukumar, learned State Government Pleader, for the second respondent.

2. The petitioner contends that the petitioner has filed an objection (at Page 30 of the paper book) with the Collector regarding

opening of liquor shop.

3. It is for the Collector to consider the said objection on its own merits, of course, after giving due notice to the person who has been granted permission (respondent No.4) and calling for his say.

4. This Court had granted an interim order. The Collector shall take decision within fifteen days from today. Till the decision is taken, the interim order shall continue.

5. The parties may take further steps pursuant to the order that may be passed by the Collector on the objection raised by the petitioner. The interim order passed by this Court shall come to an end the moment the Collector passes the order. The writ petition is disposed of. There will be no order as to costs. Consequently, connected miscellaneous petition is closed. (S.V.G., CJ.) (P.D.A., J.) 28.06.2023 Index : yes/no

: Yes/No sra THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra) To:

1. The Chairman, Tamil Nadu State Marketing Corporation Limited, CMDA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.

2. The District Collector, Coimbatore District, Coimbatore.

3. The Senior Regional Manager, TASMAC Limited, No.305-A, Vilankurichi Road, Peelamedu Railway Station back side, Chintamani Co-operative Society Depot, Peelamedu, Coimbatore 641 004.

4. The District Manager, IMFS Depot, TASMAC Ltd., 131, No.305-A, Vilankurichi Road, Peelamedu Railway Station back side, Chintamani Co-operative Society Depot, Peelamedu, Coimbatore 641 004.

28.06.2023