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Madras High CourtWP/28522/2021disposed of

K.R.Pazhani v. The Manager (Administration),

2022-02-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.28522 of 2021 K.R.Pazhani .. Petitioner Vs 1.The Manager (Administration), TASMAC, C.M.D.A. Tower-II, IV-Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.

2.The District Collector, Singaravelar Maligai, Chennai-600 001.

3.The District Revenue Officer, Singaravelar Maligai, Chennai-600 001.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the repsondents to remove the TASMAC shop No.378, situated at No.115/52, Padavattamman Kovil Street, Kuyapettai, nearby Indira Gandhi Statue, Purasaiwakkam, Chennai-600 012 by considering the petitioner representation dated 15.04.2021.

For the Petitioner : Mr.M.Karthik For the Respondents : Mr.K.Sathish Kumar Standing Counsel for respondent No.1 : Mrs.C.Harsharaj Addl. Government Pleader for respondent Nos.2 and 3 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This writ petition has been filed to seek a direction to remove the TASMAC Shop No.378 situated at No.115/52, Padavattamman Kovil Street, Kuyapettai, nearby Indira Gandhi Statue, Purasaiwakkam, Chennai-12.

2. The counter-affidavit to the writ petition filed by the District Manager, TASMAC Limited shows that the distance of the TASMAC shop from the school is far beyond 50 metres permissible within the Municipal Corporations limit.

3. Even according to the petitioner, the shop is situated within 100 metres from the school, which is much beyond 50 metres permissible within the Municipal Corporations limit. In view of such statement of learned counsel for the petitioner and the averments in the counter-affidavit, there is no violation of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003.

4. For the foregoing reasons, finding no merits in the writ petition, the same is dismissed. No costs. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar bbr To:

1.The Manager (Administration), TASMAC, C.M.D.A. Tower-II, IV-Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.

2.The District Collector, Singaravelar Maligai, Chennai-600 001.

3.The District Revenue Officer, Singaravelar Maligai, Chennai-600 001.

+1cc to Government Pleader, SR.No.12295 W.P.No.28522 of 2021 MG(CO) GN(28/02/2022) https://hcservices.ecourts.gov.in/hcservices/