A.Balu v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.28709 of 2019 A.Balu .. Petitioner -vs1.The District Collector, Villupuram District, Villupuram 2.The Managing Director, TASMAC, Greater Chennai Development Department Building, Egmore, Chennai 600 008 3.The Zonal Manager, TASMAC, Collect Rate Trichy.

4.The District Manager, TASMAC, Villupuram 5.The Deputy Collector, Kallakurichi, Villupuram District ..Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 5 to consider the representation dated 27.08.2019 for shifting the TASMAC shops from Ammapettai to Katchirayapayam Main Road to remote places.

For Petitioner : Mr.V.Vijayakumar For Respondents : Mr.K.Satish Kumar for respondents 2 to 4

ORDER

(Order of the Court was made by Senthilkumar Ramamoorthy, J.)

The writ petitioner complains about the location of two Tasmac shops on Katchirayapayam Main Road, near Ammapettai Village in Kallakurichi District.

2. The writ petitioner asserts that the said main road is a very busy area and that there are two private schools namely Vanmathi Matriculation Higher Secondary School and Bharathy Matriculation Higher Secondary School, which are in the vicinity of the liquor shops. Consequently, it is contended that the establishment of two liquor shops at the present location is in violation of the applicable rules. The writ petitioner states that a representation dated August 27, 2019 was given in this connection, but no action has been taken by the respondent authorities.

3. Learned counsel appearing for the Tasmac submits that the said shops have been set up in accordance with all applicable rules.

4. In the light of the rival contentions on this issue, without examining the merits or tenability of the representation of the writ petitioner, this writ petition is disposed of by directing the first respondent to consider the representation of the writ petitioner dated August 27, 2019 and dispose of the same by a speaking order after providing a reasonable opportunity to all the affected parties. Such speaking order should be issued within a period of six weeks from the date of receipt of a copy of this order.

5. W.P.No.28709 of 2019 is disposed of on the above terms. There will be no order as to costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar bbr To:

1.The District Collector, Villupuram District, Villupuram

2.The Managing Director, TASMAC, Greater Chennai Development Department Building, Egmore, Chennai 600 008 3.The Zonal Manager, TASMAC, Collect Rate Trichy.

4.The District Manager, TASMAC, Villupuram 5.The Deputy Collector, Kallakurichi, Villupuram District +1 CC to Mr.V.Vijayakumar, Advocate sr 10954. W.P.No.28709 of 2019 AD(CO) SP(09/03/2021)