S.Ramasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.No.20818 of 2023 M.S.Ramasamy ... Petitioner Vs 1.The District Collector, Ariyalur District, Ariyalur - 621 704.

2.The Commissioner of Prohibition and Excise, Ezhilagam Building, Chepauk, Chennai - 600 005.

3.The Managing Director, TASMAC, CMDA Tower-2, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

4.The Revenue Divisional Officer, Udayarpalayam Division, Udayarpalayam, Ariyalur District - 621 804.

5.The Tahsildar (Excise), Udayarpalayam, Ariyalur District - 621 804.

1/5

6.The District Manager, Tamil Nadu State Marketing Corporation, (Retail Sales) TASMAC, Perambalur, Perambalur District - 621 212.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent No.1 to file a report before the respondent No.2 as per the Letter No.M(m)a9(1)/4824/2022 dated 20.07.2022 forthwith and consequently the respondent No.2 to dispose of the appeal dated 11.07.2022.

For Petitioner : Mr.A.Ashwin Kumar For Respondents : Mr.P.Ganesan Additional Government Pleader for R1, R2, R4 and R5 Mr.C.Ramesh Standing Counsel for R3 and R6

ORDER

Mr.P.Ganesan, learned Additional Government Pleader takes notice on behalf of the first, second, fourth and fifth respondents and Mr.C.Ramesh, learned Standing Counsel takes notice on behalf of the third and sixth respondents.

2/5

2.The petitioner appears to be expousing a public cause. Therefore, the case should be ordinarily listed before the Division Bench dealing with Public Interest Litigation. The petitioner has filed an appeal before the second respondent on 20.07.2022. Considering the fact that the prayer is only for a mandamus to direct the second respondent to dispose of the appeal under Section 9A of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, this writ petition is disposed at the time of admission with the consent of the learned counsel for the Senior Standing Counsel for the respondents. The second respondent is directed to dispose the appeal dated 20.07.2022 of the petitioner, within a period of 30 days from the date of receipt of a copy of this order. 3.This writ petition is disposed of. No costs. Consequently, connected writ miscellaneou petition is closed. 20.07.2023 Index: Yes/ No Internet : Yes/No Speaking/Non-speaking Order jas 3/5

To 1.The District Collector, Ariyalur District, Ariyalur - 621 704.

2.The Commissioner of Prohibition and Excise, Ezhilagam Building, Chepauk, Chennai - 600 005.

3.The Managing Director, TASMAC, CMDA Tower-2, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

4.The Revenue Divisional Officer, Udayarpalayam Division, Udayarpalayam, Ariyalur District - 621 804.

5.The Tahsildar (Excise), Udayarpalayam, Ariyalur District - 621 804.

6.The District Manager, Tamil Nadu State Marketing Corporation, (Retail Sales) TASMAC, Perambalur, Perambalur District - 621 212.

4/5

C.SARAVANAN,J.

jas and W.M.P.No.20818 of 2023 20.07.2023 5/5