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Madras High CourtWP/19205/2023disposed of

P.Raja v. The Secretary To Government

2023-07-03Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Raja .. Petitioner -vs1. The Secretary to Government, Department of Prohibition and Excise, Fort St.George, Secretariat, Chennai-600 009.

2. The Managing Director, Tamil Nadu State Marketing Corporation Ltd.

(TASMAC), 4th Floor, CMDA Building, Tower-II, Chennai-600 008.

3. The Senior Regional Manager, Chennai.

4. The District Manager, Thiruvallur East.

5. The District Manager, Chennai Central.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for

issuance of a Writ of Mandamus directing the first respondent to close the TASMAC retail vending shops which are all running in violation of rule 8 of Tamil Nadu Liquor Vending Rules, 2003, based upon the petitioner's representation dated 13.06.2023. For the Petitioner :

Mr.S.Chandrasekar For the Respondents :

Mr.P.Muthukumar, State Government Pleader For R-1 :

Mr.J.Ravindran, Additional Advocate-General, Assisted by Mr.K.Balakrishnan For RR 2 to 5 * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.S.Chandrasekar, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for the first respondent and Mr.J.Ravindran, learned Additional AdvocateGeneral for respondents 2 to 5.

2. The learned Additional Advocate General and the learned State Government Pleader submit that the petitioner has a remedy

under Rule 9A of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003.

In light of that, the writ petition is disposed of with liberty to the petitioner to avail the alternate remedy as may be permissible under law. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 03.07.2023 Index : yes/no : Yes/No sra To:

1. The Secretary to Government, Department of Prohibition and Excise, Fort St.George, Secretariat, Chennai-600 009.

2. The Managing Director, Tamil Nadu State Marketing Corporation Ltd.

(TASMAC), 4th Floor, CMDA Building, Tower-II, Chennai-600 008.

3. The Senior Regional Manager, Chennai.

4. The District Manager, Thiruvallur East.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(sra)

5. The District Manager, Chennai Central.

03.07.2023