Tuluva Vellala Association, v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2016

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.40999 of 2015 and M.P.No.1 of 2015 Tuluva Vellala Association (Reg.No.88/77) No.43/15C East Raja Street Kancheepuram 631 502 Represented by its Secretary.

[ Petitioner ] Vs 1 State of Tamil Nadu Rep.by its Commissioner of prohibition & Excise Home prohibition & Excise Department, Secretariat Chennai-9.

2 The District Collector Collectorate Kancheepuram.

3 The Tamil Nadu State Marketing Corporation Ltd. Kancheepuram District.

4 The Tahsildar Kancheepuram District.

[ Respondents] Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus forbearing the Respondents more particularly 3rd Respondent their men agents and representatives not to shift the liquor shop/bar from the premises bearing Door No.28 East Car Street Kancheepuram to Door No.15 East Raja Street Kancheepuram in and around the temples i.e. Sri.Nageswarar Koil, Muktheeswarar Koil and Mutcheeswarar koil within 50 meteres of the premises bearing Door No. 15-A 15-B 15-C East Raja Street Kanchipuram and to pass such further or other orders as this Honourable Court.

For Petitioner : Mr.S.Vijayakumar for Mr.G.Bharadwaj For Respondents : Mr.B.Nedunchezhiyan (R3) Mr.T.N.Rajagopalan, SGP (R1,2,&4)

ORDER

The petitioner has filed the above writ petition to issue a Writ of mandamus forbearing the respondents more particularly the 3rd respondent not to shift the liquor shop/bar from the premises bearing Door No.28 East Car Street, Kancheepuram to Door No.15 East Raja Street Kancheepuram in and around the temples i.e. Sri.Nageswarar Koil, Muktheeswarar Koil and Mutcheeswarar koil, within 50 meters of the premises bearing Door No. 15-A, 15-B and 15-C East Raja Street Kanchipuram.

2. When the matter is taken up for hearing today, Mr.B.Nedunchezhiyan, learned Standing Counsel appearing for the 3rd respondent submitted that the 3rd respondent has no proposal to shift the liquor shop from Door No.28 East Car Street, Kancheepuram to Door No.15 East Raja Street, Kancheepuram.

Therefore, there is nothing survives for adjudication in the writ petition.

3. Recording the submission made by Mr.B.Nedunchezhiyan, learned Standing Counsel appearing for the 3rd respondent, I find no reason to keep the writ petition pending. Hence, the writ petition is closed. No costs. Connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1 State of Tamil Nadu Rep.by its Commissioner of prohibition & Excise Home prohibition & Excise Department, Secretariat Chennai-9.

2 The District Collector, Collectorate Kancheepuram.

3 The Tamil Nadu State Marketing, Corporation Ltd. Kancheepuram District.

4 The Tahsildar, Kancheepuram District.

+1cc to Mr.S.vijayakumar, Advocate, S.R.No.15962 +1cc to Mr.B.Nedunchezhiyan, Advocate, S.R.No.15956 W.P.No.40999 of 2015 & M.P.No.1 of 2015 svi(CO) srg(21/03/2016)