S.Ramesh v. The Tamil Nadu State Marketing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2021
CORAM
THE HON'BLE Mr.JUSTICE M.SUNDAR W.P.Nos.22915, 22917, 22920, 22922, 22925, 22927, 22929, 22932 and 22935 of 2021 W.P.No.22915 of 2021:- S.Ramesh, Shop No.4079, Door No.141-A, Vellalar Street, Adambakkam, Chennai-600 088.
...Petitioner
W.P.No.22917 of 2021:- R.D.Veerasamy Shop No.4153 Madipakkam Main Road, Kaiveli, Pallikarani, Chennai-600 100.
... Petitioner W.P.No.22920 of 2021:- S.Krishnamoorthy Shop No.4176 Medavakkam Main Road, Ullagaram,Chennai-600 088.
... Petitioner W.P.No.22922 of 2021:- R.Kaleeswaran Shop No.4359 Velachery Main Road, Pallikarani,Chennai-600 100.
... Petitioner W.P.No.22925 of 2021:- P.Udhayakumar Shop No.4501 Madipakkam Main Road, Madipakkam, Chennai-600 091.
... Petitioner W.P.No.22927 of 2021:- M.Gopinath, Shop No.4335, Door No.9, Gandhi Road, Alapakkam, Perungalathur, Chennai-600 063.
...Petitioner
W.P.No.22929 of 2021:- S.Senthil Kumar, Shop No.4452, Thandalam Kovur Chennai-600 122.
...Petitioner
W.P.No.22932 of 2021:- S.Shanmugam, Shop No.4122, NO.60/67, Gandhi Road, Kamaraj Nagar, Perungalathur, Chennai-600 063.
...Petitioner
W.P.No.22935 of 2021:- S.Sellappan, Shop No.4075, Old Door No.166, New Door NO.135 Medavakkam Chennai-600 088.
...Petitioner
-Vs.-
1. The Tamil Nadu State Marketing Corporation Limited, (TASMAC), Rep.by its Managing Director, "Thalamuthu Natarajan Maaligai", Gandhi-Irwin Road, Egmore, Chennai-600 008.
2.
The Tamil Nadu State Marketing Corporation Limited, (TASMAC), Rep.by its Senior Regional Manager, LLA Building, Anna Salai, Chennai-600 002.
3. The Tamil Nadu State Marketing Corporation Limited, (TASMAC), Rep.by its District Manager, Kancheepuram (North) Industrial Estate, Thirumazhisai, Kancheepuram District-600 123. ... Respondents in all WPs. Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writs of Mandamus, to direct the respondents to forthwith extend the Bar License Period of the Petitioners for the TASMAC wine shop Nos.4079, 4153, 4176, 4359, 4501, 4335, 4452, 4122 and 4075 Respectively corresponding to the closure period due to COVID 19 Pandemic, by considering and passing necessary orders on the representations of the petitioners dated 22.09.2021.
For Petitioner in all W.P.s : Mr.K.Selvaraj For Respondents in all W.P.s : Mr.K.Sathishkumar standing counsel for Mr.P.Arumurugarajan standing counsel for TASMAC COMMON ORDER Mr.K.Selvaraj, learned counsel for writ petitioners in captioned nine writ petitions is before this Virtual Court.
2. Learned counsel submits that similar matters were disposed of by this Court in and by a common order dated 25.10.2021 made in four writ petitions being W.P.Nos.22236, 22238, 22242 and 22244 of 2021 which reads as follows:
3. Learned counsel for writ petitioners, on instructions, submits that he restricts and abridges the prayer to a simple Mandamus to dispose of representations (all dated 22.09.2021) made by each of the nine writ petitioners as done in the aforementioned four writ petitions and requests for a similar order. The details are as follows:
S.No Shop No./Retail Outlet No.
Name of Writ Petitioner W.P.Nos 1.
S.Ramesh 22915 of 2021 2.
R.D.Veerasamy 22917 of 2021 3.
S.Krishnamoorthy 22920 of 2021 4.
R.Kaleeswaran 22922 of 2021 5.
P.Udhayakumar 22925 of 2021 6.
M.Gopinath 22927 of 2021 7.
S.Senthil Kumar 22929 of 2021 8.
S.Shanmugam 22932 of 2021 9.
S.Sellappan 22935 of 2021
4. Mr.K.Sathishkumar, learned standing counsel for 'Tamil Nadu State Marketing Corporation Limited' ['TASMAC'] representing Mr.P.Arumugarajan, learned standing counsel for respondents in all nine writ petitions accepts notice.
5. Owing to the narrow compass on which captioned matters turn, with the consent of learned counsel on both sides, main writ petitions are taken up.
6. Before this Court proceeds further, it is deemed appropriate to extract and reproduce the aforementioned nine representations dated 22.09.2021 that have been placed before this Court (as part of the common typed set of papers). The nine representations are as follows:
7. Learned standing counsel for TASMAC points out that copies of representations do not contain signature of sender, but learned counsel for writ petitioners, on instructions, submits that the originals sent to the respective addressees are duly signed.
8. Be that as it may, learned counsel for writ petitioner affirms that the scanned reproduction of the above are the representations. This is supported by sworn affidavits (writ affidavits). Therefore, it will be appropriate to direct the
above representations to be disposed of.
9. There is no disputation or disagreement that similar writ petitions were disposed of by this Court vide aforementioned common order dated 25.10.2021. Therefore, the captioned nine writ petitions will also be disposed of by a similar common order.
10. Captioned nine writ petitions are disposed of with a directive to first respondent to consider and dispose of all the nine writ petitioners' representations (all dated 22.09.2021) on its own merits, in accordance with law as expeditiously as the business of the first respondent would permit and in any event, within three weeks from today i.e., on or before 17.11.2021.
11. Proceedings/orders disposing all the aforementioned nine representations of the nine writ petitioners shall be communicated to the respective writ petitioners under due acknowledgment within five working days from the dates of disposal of the representations. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter and the first respondent shall consider the representations on their own merits and in accordance with law.
12. Captioned nine Writ Petitions are disposed of in the aforesaid manner by this common order. There shall be no order as to costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To
1. The Tamil Nadu State Marketing Corporation Limited, (TASMAC), Rep.by its Managing Director, "Thalamuthu Natarajan Maaligai", Gandhi-Irwin Road, Egmore, Chennai-600 008.
2.
The Tamil Nadu State Marketing Corporation Limited, (TASMAC), Rep.by its Senior Regional Manager, LLA Building, Anna Salai, Chennai-600 002.
3. The Tamil Nadu State Marketing Corporation Limited, (TASMAC), Rep.by its District Manager, Kancheepuram (North) Industrial Estate, Thirumazhisai, Kancheepuram District-600 123.
+2cc to Mr.K.Selvaraj, Advocate, S.R.No.55791 W.P.Nos.22915, 22917, 22920, 22922, 22925, 22927, 22929, 22932 and 22935 of 2021 KV(CO) SB(22/11/2021)