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Madras High CourtWP/290/2025disposed of

N.Jayaprakash v. State Of Tamilnadu

2025-01-07Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ N.Jayaprakash ... Petitioner Vs.

1.State of Tamil Nadu, Rep.by its Additional Chief Secretary, Department of Prohibition and Excise, Secretariat, Chennai.

2.The Commissioner of Prohibition and Excise, 2nd Floor, Ezhilagam Building, Chepauk, Chennai-600 005.

3.The District Collector, Collectorate, Erode.

4.The Thasildhar, Sathyamangalam Taluk Office, Sathyamangalam.

5.The Commissioner, Sathyamangalam Taluk Office, Sathyamangalam.

6.M/s.Rose Manamagi Mandram, Rep. by its Secretary, Manimudi, Site No.5, Karattur Road, Rangasamudram Village, Sathyamangalam Taluk, Erode District.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents 1 to 5 to forbear the 6th Respondent from Liquor Shop and Bar at Site No.5TS No.133/1, 127/1, Block No.20, Karrattur road, Sathyamangalam Taluk, Erode District on the basis of representation letter sent by petitioner dated 12.08.2024. For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.P.Balathandayutham Special Government Pleader (for R1 to R5)

ORDER

The present writ petition is filed praying for a writ of Mandamus to direct the Respondents 1 to 5 to forbear the 6th Respondent from opening Liquor Shop and Bar at Site No.5TS No.133/1, 127/1, Block No.20, Karrattur road, Sathyamangalam Taluk, Erode District on the basis of representation letter sent by petitioner dated 12.08.2024.

2. It is submitted by the learned counsel for the petitioner that the location of liquor shop is contrary to Rule 8(1) of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, which reads as follows: "No shop shall be established in Municipal Corporations and Municipalities within a distance of 50 (fifty) metres and in other areas 100 (hundred) metres from any place of worship or educational institutions"

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3. The learned Special Government Pleader for the Respondents 1 to 5 would as a matter of fact that the petitioner was called upon to appear, however the petitioner did not turn up and would submit that the representation of the petitioner would be considered and orders would be passed in accordance with law.

4. Recording the same, the writ petition is disposed of with a direction to Respondents 1 to 5 to consider the representation of the petitioner and pass orders on its own merits and in accordance with law. No costs. 07.01.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4

MOHAMMED SHAFFIQ, J.

mka To:

1.The Additional Chief Secretary, Department of Prohibition and Excise, Secretariat, Chennai.

2.The Commissioner of Prohibition and Excise, 2nd Floor, Ezhilagam Building, Chepauk, Chennai-600 005.

3.The District Collector, Collectorate, Erode. 4.The Thasildhar, Sathyamangalam Taluk Office, Sathyamangalam.

5.The Commissioner, Sathyamangalam Taluk Office, Sathyamangalam.

6.The Secretary, M/s.Rose Manamagi Mandram, Manimudi, Site No.5, Karattur Road, Rangasamudram Village,Sathyamangalam Taluk, Erode District.

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