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Madras High CourtWP/16681/2024disposed of

Poigai Alwar v. The Managing Director

2024-07-23Honourable The Acting Chief Justice,Honourable Mr Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU Poigai Alwar .. Petitioner vs 1.The Managing Director, Tamil Nadu State Marketing Corporation, Gandhi Irwin Bridge Road, Egmore, Chennai.

2.The District Collector, Thiruvallur.

3.The District Manager, Tamil Nadu State Marketing Corporation, Thiruvallur (East) District, Thiruvallur.

4.The Superintendent of Police, Thiruvallur District.

5.The Inspector of Police, T9, Police Station, Pattabiram, Chennai-72.

6.The Commissioner of Prohibition and Excise, Ezhilagam, Kamarajar Salai, Chepauk, Chennai.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records in Na.Ka.No.A5/2237/2023 on the file of the third respondent dated 30.12.2023 and quash the same as illegal, incompetent, arbitrary, unconstitutional and further direct the respondents to shift the TASMAC Shop No.8946 situated exactly opposite to the petitioner's temple.

For the Petitioner : Mr.R.Singaravelan Senior Counsel for M.Muruganantham For the Respondents : Mr.K.Balakrishnan Standing Counsel for respondents 1 and 3 : Mr.A.Edwin Prabakar State Government Pleader for respondents 2 and 6 : Mr.Muniyapparaj Addl. Public Prosecutor for respondents 4 and 5

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Today, when the writ petition is taken up for hearing, learned

Senior Counsel appearing for the petitioner, by placing on record the proceedings of the sixth respondent dated 15.07.2024, submitted that the sixth respondent has directed the District Collector to shift the TASMAC Shop No.8946 to a different location.

2. Learned State Government Pleader submits that necessary orders for shifting the shop shall be passed by the second respondent/ District Collector at the earliest.

3. As the respondent authorities have already initiated action for shifting of the TASMAC shop, the writ petition is disposed of with a direction to the second respondent/District Collector to shift the TASMAC shop in question within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. (D.K.K., ACJ.) (K.B., J.) 23.07.2024 Index :

No NC :

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To:

1.The Managing Director, Tamil Nadu State Marketing Corporation, Gandhi Irwin Bridge Road, Egmore, Chennai.

2.The District Collector, Thiruvallur.

3.The District Manager, Tamil Nadu State Marketing Corporation, Thiruvallur (East) District, Thiruvallur.

4.The Superintendent of Police, Thiruvallur District.

5.The Inspector of Police, T9, Police Station, Pattabiram, Chennai-72.

6.The Commissioner of Prohibition and Excise, Ezhilagam, Kamarajar Salai, Chepauk, Chennai.

THE HON'BLE ACTING CHIEF JUSTICE AND K.KUMARESH BABU,J.

bbr 23.07.2024