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Madras High CourtWP/18692/2021disposed of

G.Visvanathan v. The District Collector

2021-09-08Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2021

CORAM

THE HON'BLE MR.JUSTICE M.SUNDAR W.P.NO.18692 OF 2021 AND W.M.P.NO.19951 OF 2021

1. G.Visvanathan S/o.Govindasamy

2. S.Sellappan ... Petitioners ..Vs..

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Rep. by its Managing Director, "Thalamuthu Natarajan Maaligai", Gandhi-Irwin Road, Egmore, Chennai-600 008.

3. The Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Rep. by its Senior Regional Manager, "LLA Building", Anna Salai, Chennai 600 002.

4. The Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Rep. by its District Manager, Kancheepuram (North) District, Industrial Estate, Thirumazhisai Unit Tiruvallur District-600 123.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents from shifting the TASMAC wine shop No.4075 from the 1st petitioner's building at Old No.166, New No.135, Medavakkam Main Road, Adambakkam, Chennai 600 088 against the provisions of Rule 8 of The Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003.

For Petitioners :

Mr.K.Selvaraj For Respondents:

Mr.NRR.Arun Natarajan, Government Advocate, For R1 Mr.P.Arumugarajan, Standing Counsel for TASMAC For R2 to R4

O R D E R

Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 07.09.2021, which reads as follows:

'Mr.NRR.Arun Natarajan, learned State counsel accepts notice on behalf of first respondent. Mr.NRR.Arun Natarajan, learned State counsel representing the Standing Counsel for TASMAC accepts notice on behalf of Respondents 2 to 4.

2. Learned State counsel seeks a day's time to get instructions and revert to this Court.

List in the Admission Board i.e., MOTION LIST, tomorrow (08.09.2021).'

2. Today Mr.K.Selvaraj, learned counsel on record for writ petitioners, Mr.NRR.Arun Natarajan, learned State counsel on behalf of the first respondent and Mr.P.Arumugarajan, learned Standing counsel for the 'Tamil Nadu State Marketing Corporation Limited' ['TASMAC'], on behalf of respondents 2 to 4 are before this Virtual Court.

3. Learned standing counsel for TASMAC, on written instructions from second respondent, submits that there is no proposal to shift/relocate the TASMAC retail outlet (Shop No.4075) which is the subject matter of captioned writ petition. Learned standing counsel very fairly volunteered to furnish a copy of communication dated 07.09.2021 from second respondent and a scanned reproduction of the same is as follows:

4. Learned Standing counsel for TASMAC, adds that the present license that is now operating is valid up to 30.09.2021. This submission is also recorded without expressing any view or opinion in this regard.

5. The above douses the anxiety of writ petitioner. This draws the curtains on the captioned writ petition.

6. Therefore, Writ Petition is disposed of as closed, recording the stated position of TASMAC. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mk To 1.

The District Collector, Kancheepuram District, Kancheepuram.

2.

The Managing Director, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), "Thalamuthu Natarajan Maaligai", Gandhi-Irwin Road, Egmore, Chennai-600 008.

3.

The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), "LLA Building", Anna Salai, Chennai 600 002.

4.

The District Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Kancheepuram (North) District, Industrial Estate, Thirumazhisai Unit Tiruvallur District-600 123.

+1cc to Mr.K.Selvaraj, Advocate, S.R.No.45790 W.P.No.18692 of 2021 and W.M.P.No.19951 of 2021 KSM(CO) CS/22/09/2021