S. Sethu Madhavan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.No.25437 of 2025 and W.M.P.No.28597 of 2025 S.Sethu Madhavan, S/o.Selvakumar, No.55/24, Subbarayan 5th Street, Nammalvarpettai, Chennai-600 012.

Petitioner Vs 1.The Commissioner, Greater Chennai Corporation, Rippon Building, 2.The Tamil Nadu State Marketing Rep. by its Managing Director, Thalamuthu Natarajan Maaligai, Gandhi-Irwin Road, Egmore, Chennai-08.

3.The District Manager, The Tamil Nadu State Marketing Chennai District, Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2nd and 3rd respondents to shift the TASMAC Shop No.436 at Shenoy Nagar which is located very close to the Girls Higher Secondary School, Aminjikarai to some other place which is away from schools and Government offices based on the petitioner's representation dated 18.12.2024 and 07.04.2025 and consequently to direct the respondents to ensure strictly not to open any of the TASMAC Shops in nearby schools and Government offices as per the Hon'ble Supreme Court direction. For Petitioner:

Mr.M.G.Ramachandiran For Respondents:

Mr.A.Arun Babu Standing Counsel for respondent No.1

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. The prayer for shifting of TASMAC Shop No.436 at Shenoy Nagar on the ground that it is located nearby a school cannot be granted, as, according to Rule 8 of the Tamil Nadu Liquor Retail Vending (in shops and Bars) Rules 2003, the prohibition is with regard to location of the shop within the distance of 50 meters. Even according to the pleadings made in the petition, the shop is located beyond the prohibited distance. Therefore, no relief can be granted.

3. Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 30.07.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The Commissioner, Greater Chennai Corporation, Rippon Building, 2.The Tamil Nadu State Marketing Rep. by its Managing Director, Thalamuthu Natarajan Maaligai, Gandhi-Irwin Road, Egmore, Chennai-08.

3.The District Manager, The Tamil Nadu State Marketing Chennai District,

THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.

bbr W.P.No.25437 of 2025 30.07.2025