Madras High CourtWP/23527/2022disposed of

G.Rajesh v. The District Collector

2024-03-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Rajesh : Petitioner versus 1.The District Collector O/o The Collectorate Tiruvarur District Master Plan Complex Nagapattinam Road Tiruvarur 610 004 2.The Managing Director M/s. TASMAC Limited, 4th Floor, CMDA Tower Egmore, Chenani 600 008 3.The District Manager M/s. TASMAC Limited Tiruvarur District Master plan complex Mannargudi Road Vilamal Tiruvarur District 610 004 4.The Block development Officer Valangaiman, Tiruvaruru District 5.Muruganandam : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to cal for the records of the 3rd respondent in reference No.Na.Ka.No.840/A1/2022 dated 30.07.2022 and quash the same and direct respondents 1 to 3 to close down the Tasmac Shop No.9814 in the property situate at Nanjai S.No.176/2 at

Alangudi Village, Valangaiman Taluk, Tiruvarur District in expedience and in accordance with law with a time-frame.

For Petitioner :

Mr.K.Balaji For Respondent Nos.1,4 :

Mr.P.Harish, Government Advocate No appearance for respondents 2, 3 and 5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.K.Balaji, learned counsel for the petitioner and Mr.P.Harish, learned Government Advocate for respondents 1 and 4.

2. Objection is raised to the establishment of a TASMAC liquor shop on a wet land. Learned counsel for the petitioner submits that RTI information reveals that no permission has been obtained for construction of the TASMAC shop at the said place.

3. In case the petitioner has objection with regard to the running of TASMAC shop, then objection/appeal can be filed before

the District Collector under Rule 9 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. It is for the petitioner to avail the said remedy. In case the petitioner files an objection/appeal, in that event all objections are kept open.

4. The writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.03.2024 Index : Yes/No : Yes/No tar To 1.The District Collector Master Plan Complex Nagapattinam Road Tiruvarur 610 004 2.The Managing Director M/s. TASMAC Limited, 4th Floor, CMDA Tower Egmore, Chenani 600 008 3.The District Manager M/s. TASMAC Limited Tiruvarur District Master plan complex Mannargudi Road Vilamal Tiruvarur District 610 004 4.The Block Development Officer Valangaiman, Tiruvaruru District

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 12.03.2024