Kishore Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-05-2025

CORAM

THE HONOURABLE MR JUSTICE G. R. SWAMINATHAN WP No. 18283 of 2025 AND WMP NO. 20481 OF 2025,WMP NO. 20478 OF 2025 Kishore Kumar S/o.Ragupathy, No.212-a, Pozhil, Jasmine Nagar Surapet, Chennai- 600 066.

.. Petitioner Vs

1. The District Collector O/o. The District Collector, Chennai.

2.TASMAC Limited Rep By Its Managing Director, Cmda Tower Ii, Iv Floor, Gandhi Irwin Bridge Road, Egmore, Chennai- 600 008.

3.The Regional Manager Tasmac Limited, Chennai 4.The Special Thasildhar National Highways, 4 And 5, Tiruvallur.

5.The District Manager Tasmac Limited, Tiruvallur East, Tiruvallur.

... Respondents

PRAYER Writ Petition under Article 226 of the Constitution of India for a writ of Certiorarified Mandamus to call for the records in pursuant to the impugned order passed by the 1st respondent in R.C.No. L3/666/2025, dated 17.04.2025 and quash the same as arbitrary, illegal, unjust in Law and consequently direct the respondents not to open the TASMAC wine shop in the proposed location at No. 193/2A1C1, Block No. 144, Old No. 62, New No. 55, Jasmine Nagar, Surapattu Madhavaram Taluk, Chennai 600 053. For Petitioner :

Mr.Avinash Wadhwani for Mr.M.Manimaran For Respondents:

Mr.J.Ravindran, Additional Advocate General assisted by Mr.Habib Rahman Government Advocatefor R1 and R4 Mr.K.Balakrishnan Standing Counselfor R2, R3 and R5

ORDER

Heard both sides.

2. The petitioner opposes opening of a TASMAC liquor outlet in the petition mentioned locality. The District Collector, Chennai had already rejected the petitioner's objections. Copy of the rejection order is enclosed at page No.9 of the respondent's typed set of papers.

3. As already pointed out by the learned Additional Advocate General, the petitioner is having remedy of appeal under Rule 9A of the Tamil Nadu Liquor Retail Vending Rules 2003. The petitioner states he will file an appeal within ten days from today. Till the appellate authority disposes of the appeal, there will not be any opening of the liquor outlet in the petition mentioned site. If the petitioner fails to file an appeal within ten days from today, he is not entitled to the benefit of this order. I make it clear, I have not gone into the merits of the matter.

4. The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Consequently, connected miscellaneous petitions are closed.

15-05-2025 KST Index:Yes/No Speaking/Non-speaking order Internet:Yes

G.R.SWAMINATHAN J.

KST To 1.The District Collector O/o. The District Collector, Chennai.

2.Tasmac Limited Rep By Its Managing Director, Cmda Tower II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai- 600 008.

3.The Regional Manager Tasmac Limited, Chennai 4.The Special Thasildhar National Highways, 4 And 5, Tiruvallur.

5.The District Manager Tasmac Limited, Tiruvallur East, Tiruvallur. W.P.No.18283 of 2025 15.05.2025