Suriya Prakash, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2017
CORAM
The HON'BLE Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.19310 of 2017 and W.M.P.No.20829 of 2017 Suriya Prakash .. Petitioner vs.
1.The District Collector, Tiruppur District, Tiruppur.
2.The District Manager, The Tamil Nadu State Marketing Corporation (TASMAC), Angeripalayam Road, Tirupur City.
3.The Tahsildar, Tirupur South Taluk, Tirupur District.
4.The Village Administrative Officer, Thonguttipalayam, Tirupur South Taluk, Tirupur District.
5.Muthurathinam 6.Ravikumar .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the first respondent herein to take appropriate action on the representation dated 22.6.2017 made by the villagers of Rakkiyagoundampalayam in Thonguttipalayam village, Tiruppur South Taluk, Tirupur District and safeguard the interest of the village people.
For Petitioner : Mr.K.Vignesh Karthick For Respondents : Mr.R.Vijayakumar, AGP for RR1,3 and 4 Mr.John Kennedy for R-2
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 a TASMAC shop in Thonguttipalayam village, Tiruppur.
According to the writ petitioner, the proposed shop is in a residential area and is located near two temples. It is also stated that there are two primary schools located within 500 meters from the proposed site.
The writ petitioner has not adverted to contravention of any specific provision of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 or of any judicial order. It is alleged that the proposed shop will cause inconvenience to the residents of the locality. In the absence of any allegation of violation of any specific statute, rule, regulation or of violation of any order passed by 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 shop in question. The writ petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar vvk To 1.The District Collector, Tiruppur District, Tiruppur.
2.The District Manager, The Tamil Nadu State Marketing Corporation (TASMAC), Angeripalayam Road, Tirupur City.
3.The Tahsildar, Tirupur South Taluk, Tirupur District.
4.The Village Administrative Officer, Thonguttipalayam, Tirupur South Taluk, Tirupur District.
+1cc to Mr.M.John Kennady,Advocate sr.53833 +1cc to Mr.Vignesh Karthick,Advocate sr.53850 +1cc to Government Pleader sr.54323 W.P.No.19310 of 2017 ss(17/8/2017)