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Madras High CourtWP/17147/2021disposed of

R.Subramani v. The District Collector

2021-08-17Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.17147 OF 2021 AND W.M.P.NO.18169 OF 2021 R.Subramani ... Petitioner .Vs.

1. The District Collector, Office of District Collector, Namakkal.

2. The Managing Director CMDA Tower II, IVth Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 8.

3. The Manager, Salem Region, Thumankurichi Post, Namakkal District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents herein to establish the TASMAC Liquor shop at Arasampalayam Colony, Kothamangalam, Paramathi Velur Taluk, Namakkal District.

For Petitioner :

Mr.R.Nalliyappan For Respondents : Mr.P.Muthukumar Counsel for State For RR 1 to 3

ORDER

(Made by the Hon'ble Chief Justice) This is another of those matters pertaining to the setting up of a Tasmac shop.

2. There are guidelines in place which permit Tasmac outlets to be set up only upon adhering to such guidelines. These guidelines pertain to schools, places of worship, residential areas, highways and the like.

3. Since the petitioner says that the proposed site for the Tasmac outlet may not be appropriate, the petitioner is permitted to file a representation before the District Collector, Namakkal whereupon the District Collector will consider the same in accordance with law and as per the relevant guidelines and take a decision pertaining to the setting up of the relevant shop. It will also be open to the District Collector to afford an opportunity of hearing to the petitioner along with representatives of Tasmac and the licensee intending to open the Tasmac shop.

W.P.No.17147 of 2021 is disposed of without any order as to costs. Consequently, W.M.P.No.18169 of 2021 is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar sra To

1. The District Collector Office of The District Collector Namakkal.

2. The Managing Director, CMDA Tower II, IVth Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 8.

3. The Manager, Salem Region, Thumankurichi Post, Namakkal District.

+1cc to the Government Pleader, S.R.No.41116 W.P.NO.17147 OF 2021 VSN-II(CO) PBS/23/08/2021