K.Selvaraj v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2024
CORAM:
THE HON'BLE MR.D.KRISHNAKUMAR ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI W.P.No.27365 of 2024 and W.M.P.No.29853 of 2024 K.Selvaraj ... Petitioner -vs1. State of Tamil Nadu, Rep. by The Secretary to the Government, Prohibition and Excise, Fort St.George, Chennai-600 009.
2. The Commissioner of Prohibition and Excise,
3. The Assistant Commissioner, O/o.The Commissioner of Prohibition and Excise,
4. The President, Sellappampalayam Panchayat Union, Sellappampalayam,
5. The Commissioner, Udumalaipet Panchayat Union,
6. The District Collector, 1/6
7. The Revenue Divisional Officer,
8. The Tahsildar, Udumalaipettai Taluk,
9. Thiru.Palanichamy Goundar 10.The District Manager, TASMAC Limited, ... Respondents (R10 is suo motu impleaded by this Court today) Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, restraining the respondents, their men or agents from granting permission and running the liquor shop and bar at Survey Nos.1A, 1B and 2 at Anaimalai Udumalai Main Road, Sinnapudur Sellappampalayam Panchayat by declaring the area at Survey Nos.1A, 1B and 2 at Anaimalai Udumalai Main Road Sinnapudur Sellappampalayam Panchayat as prohibited area under Section 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules 2003. For Petitioner :
Mr.S.S.Jhothivani For R2, R3 & R10 :
Mr.Balakrishnan For R1 & R4 to R8:
Mr.M.Habeeb Rahman Govt. Advocate ***** 2/6
O R D E R
(By Hon'ble Acting Chief Justice) This Writ Petition has been filed for a direction to restrain the respondents, their men or agents from granting permission and running the Liquor Shop and Bar at Survey Nos.1A, 1B and 2 at Anaimalai Udumalai Main Road, Sinnapudur Sellappampalayam Panchayat by declaring the said area as Prohibited Area under Section 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules 2003.
2. When the matter is taken up for hearing, it is represented by the learned Standing Counsel appearing for TASMAC that there is no such proposal to open TASMAC Liquor Shop and Bar in Survey Nos.1A, 1B and 2 at Anaimalai Udumalai Main Road, Sinnapudur Sellappampalayam Panchayat as averred by the petitioner and the apprehension of the petitioner is unwarranted.
3. At this juncture, it is stated by the learned Government Advocate appearing for the Respondents 1 & 4 to 8 that the concerned party, namely, The District Manager, TASMAC Limited, Tirupur District is not arrayed as a party respondent to the lis. Hence, The District Manager, TASMAC Limited, Tirupur District is suo motu impleaded as the Respondent No.10 to this Writ Petition. 3/6
4. Recording the submission made by the learned Standing Counsel for TASMAC that there is no proposal mooted out to establish Liquor Shop and Bar in that locality, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.
[D.K.K.,ACJ.] [P.B.B,J.] 20.09.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar 4/6
To:
1. The Secretary to the Government, State of Tamil Nadu, Prohibition and Excise, Fort St.George, Chennai-600 009.
2. The President, Sellappampalayam Panchayat Union, Sellappampalayam,
3. The Commissioner, Udumalaipet Panchayat Union,
4. The District Collector,
5. The Revenue Divisional Officer,
6. The Tahsildar, Udumalaipettai Taluk, 5/6
HON'BLE ACTING CHIEF JUSTICE, AND P.B.BALAJI,J., ar 20.09.2024 6/6