Mr.V.S.Mohamed Mubarak @ Saleem v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU V.S.Mohammed Mubarak @ Saleem : Petitioner versus 1.The District Collector, The Nilgiris 2.The District Manager, Tasmac, Vandi Solai, Coonoor, The Nilgiris : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation dated 28.11.2022 and 21.07.2023 and direct the respondents to make an alternative place for Shop No.8210 from Door No.9, Cash Bazaar Coonoor.

For the Petitioner :

Mr.J.Franklin For the Respondents :

Mrs.R.Anitha, Special Government Pleader, for the first respondent Mr.K.Sathish Kumar, for the second respondent

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.J.Franklin, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader, for the first respondent and Mr.K.Sathish Kumar, for the second respondent.

2. Learned counsel for the petitioner submits that permission has been granted to open TASMAC liquor shops near a mosque. According to the learned counsel, the same is not permissible.

3. The petitioner has a remedy of raising an objection to the same under Rules 8 and 9 of the Tamil Nadu Liquor Retail Vending (In shops and Bars) Rules, 2003 and if the objection is rejected, even,

statutory remedy is provided against the same. The petitioner may avail the remedy as is provided under the Rules.

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

(S.V.G., CJ.) (P.D.A., J.) 11.08.2023 Index : Yes/No : Yes/No tar To 1.The District Collector, The Nilgiris 2.The District Manager, Tasmac, Vandi Solai, Coonoor, The Nilgiris

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

(tar) 11.08.2023