M. Masthan Sahubar Ali, v. The Managing Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.Masthan Sahubar Ali : Petitioner versus 1.The Managing Director, The TASMAC Ltd., CMDA Tower, Gandhi Irwin Bridge, Egmore, Chennai 8 2.The District Manager, IMFS Depot, TASMAC Ltd., 176-A, Trichy Main Road, Thuraimangalam, Perambalur District.

3.The District Manager, TASMAC Ltd., Kappalur, Tirumangalam Taluk, Madurai District : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st respondent to consider the

representation dated 19.06.2023 and pass orders. For the Petitioner :

Mr.J.Vijayaraja For the Respondents :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mrs.R.Anitha, Spl.G.P.

for respondents

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.J.Vijayaraja, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for the respondents.

2. According to learned counsel for the petitioner, TASMAC shops are run in the entire State. However, they are not following the norms prescribed under the Tamil Nadu Liqour Retail Vending (In Shops and Bars) Rules, 2003. Representation dated 19.06.2003 is made by the petitioner. But no cognizance is taken. The State run liquor shops exist near the schools, temples and bus stands.

3. In case a particular shop is not functioning in accordance with the norms, or is granted license against the norms, then, under Rule 8 of the Tamil Nadu Liqour Retail Vending (In Shops and Bars) Rules, 2003, the petitioner has a

remedy before the District Collector, and thereafter, an appeal is provided against the order.

4. In light of the above, in case of specific violations, the petitioner may approach the authority against a particular shop in question. The petitioner may raise all the grounds available to him in the said complaint.

5. With the aforesaid observation, the writ petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 07.08.2023 Index : Yes/No : Yes/No tar To 1.The Managing Director, The TASMAC Ltd., CMDA Tower, Gandhi Irwin Bridge, Egmore, Chennai 8 2.The District Manager, IMFS Depot, TASMAC Ltd., 176-A, Trichy Main Road, Thuraimangalam,Perambalur District.

3.The District Manager, TASMAC Ltd., Kappalur, Tirumangalam Taluk, Madurai District

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 07.08.2023