P.Jaganathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Jaganathan .. Petitioner Vs 1 The District Collector O/o.The District Collector of Tiruppur Palladam Road, Tiruppur - 641 604.

2 TASMAC Limited Rep by its Managing Director CMDA Tower- II, IV Floor Gandhi Irwin Bridge Road, Egmore Chennai - 600 008.

3 The District Manager TASMAC Limited Angeripalayam Tiruppur - 641 602.

4 The Assistant Commissioner (Excise) O/o.The District Collector of Tiruppur Palladam Road, Tiruppur - 641 604.

5 The Tahsildar Tiruppur South Taluk, Sevanthapalayam Tiruppur - 641 606.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents and their subordinates from shifting/opening the TASMAC Shop in Survey No.135, Dharapuram Road, Muthanampalayam, Tiruppur South Taluk, Tiruppur, based on the representation of the petitioner dated 26.09.2022 on the file of the first respondent. For the Petitioner : Mr.K.Balaji For the Respondents : Mr.A.Anandan Government Advocate for respondents 1, 4 and 5 : Mr.M.Sekar Standing Counsel for respondents 2 and 3

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.K.Balaji, learned counsel for the petitioner; Mr.A.Anandan, learned Government Advocate for respondents 1, 4 and 5; and Mr.M.Sekar, learned Standing Counsel for respondents 2 and 3.

2. The petitioner is challenging the order of the first respondent directing relocation of the TASMAC Shop.

3. On the last date, we had recorded the statement of learned counsel for the TASMAC that the TASMAC shop in question is opened in September, 2022. This Court had granted status quo on 9.11.2022.

4. Learned counsel for the petitioner submits that the TASMAC shop, at the transferred place, has not been opened till today.

5. Be that as it may, an appeal lies under Rule 9A of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 against the order directing relocation of the TASMAC Shop. The petitioner may file an appeal within 15 days from today. For a period of 15 days from today, the order of status-quo granted earlier shall continue. Needless to mention that after 15 days, the order of status-quo shall come to an end.

The writ petition is disposed of accordingly. There shall be no order as to costs. Consequently, W.M.P.No.28227 of 2022 is closed. (S.V.G., CJ.) (J.S.N.P., J.) 15.04.2024 Index :

Yes/No Yes/No sasi To:

1 The District Collector O/o.The District Collector of Tiruppur Palladam Road, Tiruppur - 641 604.

2 The Managing Director TASMAC Limited CMDA Tower- II, IV Floor Gandhi Irwin Bridge Road, Egmore Chennai - 600 008.

3 The District Manager TASMAC Limited Angeripalayam Tiruppur - 641 602.

4 The Assistant Commissioner (Excise) O/o.The District Collector of Tiruppur Palladam Road, Tiruppur - 641 604.

5 The Tahsildar Tiruppur South Taluk, Sevanthapalayam Tiruppur - 641 606.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.

(sasi) 15.04.2024