M.Arasakalai v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
1. M.Arasakalai
2. S.Sridhar
3. G.Selvaraj ..
Petitioners Vs.
1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009.
2. The Commissioner Prohibition and Excise Department Cheppakkam Chennai 05.
3. The Managing Director Tamilnadu State Marketing Ltd.
CMDA Building Tower-II, Gandhi Irwin Bridge Road Egmore, Chennai 8.
4. The District Collector Tiruppur District Tiruppur.
5. The Senior Regional Manager Tamilnadu State Marketing Corporation Coimbatore.
6. The District Manager Tamilnadu State Marketing Corporation Tiruppur.
7. The Commissioner Udumalaipettai Municipality Tiruppur District.
8. Chidambaranathan
9. Vijayakumar ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 to 7 to remove the TASMAC shop No.2009 and a bar attached thereto, from Pasupathi Street, 12th Ward, Udumalaipettai Municipality, Tiruppur District and relocate the same at any far off unobjectionable place, consequently direct the respondents 1 to 7 to ensure that the respondents 8 and 9 to clean and desilt the Holy Well attached with Arulmighu Sundara Vinayagar Temple, Anusam Nagar, Udumalaipettai Municipality, Tiruppur District on their cost within the time frame to be fixed by the Hon'ble Court.
For the Petitioners : Mr.S.Balamurugan For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1, 2 & 4 Mr.G.Sekar Standing Counsel for Respondents 3, 5 & 6 Mr.B.Anand Standing Counsel for Respondent-7
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.S.Balamurugan, learned counsel for the petitioners, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1, 2 & 4, Mr.G.Sekar, learned Standing Counsel for the respondents 3, 5 & 6 and Mr.B.Anand, learned Standing Counsel for the seventh respondent.
2. This public interest litigation is filed for a relief to close down the TASMAC shop.
3. Learned counsel for the petitioners submits that the TASMAC shop is located in a residential area and in close proximity to the temple.
4. If the petitioners have any grievance with regard to the location of the TASMAC shop, the petitioners can approach the District Collector in that regard under Rules 8 and 9 of the Tamil Nadu Liquor Retail Vending (Shops and Bars) Rules, 2003.
5. The said aspect is also considered in the judgment of the Full Bench of this Court in K.Ramachandran v. The District Collector [W.P.(MD) Nos.11806 of 2017 and other connected cases dated 14.02.2022].
6. In the light of that, the petitioners may avail the remedy as may be permissible under law. The public interest litigation, as such, is
dismissed. There will be no order as to costs. Consequently, W.M.P.No.20952 of 2023 filed by the petitioners to permit them to file a single writ petition stands allowed and disposed of. W.M.P.No.20953 of 2023 is dismissed.
(S.V.G., CJ.) (P.D.A., J.) 24.07.2023 Index :
Yes/No :
Yes/No kpl To
1. The Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai 600 009.
2. The Commissioner Prohibition and Excise Department Cheppakkam, Chennai 05.
3. The Managing Director Tamilnadu State Marketing Ltd.
CMDA Building Tower-II, Gandhi Irwin Bridge Road Egmore, Chennai 8.
4. The District Collector
Tiruppur District Tiruppur.
5. The Senior Regional Manager Tamilnadu State Marketing Corporation Coimbatore.
6. The District Manager Tamilnadu State Marketing Corporation Tiruppur.
7. The Commissioner Udumalaipettai Municipality Tiruppur District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 24.07.2023