R.Saravanan v. The Additional Chief Secretary To Government Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.10.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Saravanan ..
Petitioner Vs.
1. The Additional Chief Secretary Government of Tamil Nadu Home, Prohibition and Excise Department Secretariat, Fort St. George, Chennai - 9.
2. Tamil Nadu State Marketing Corporation Ltd. (TASMAC), rep. by its Managing Director CMDA Building, 4th Floor Phase II Egmore, Chennai - 8.
3. The Chennai Collector Singaravel Malligai, Rajaji Salai Chennai - 1.
4. The District Manager Tamil Nadu State Marketing Corporation Ltd.
(TASMAC), Kancheepuram North (District) Thirumalaisai Unit - III 1, Bangalore Highway Road Chembarabakkam Tiruvellore District.
..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents not to start any TASMAC outlet at Door No.132, Survey No.84, Palavakkam, Chennai - 600 041 and to consider the petitioner's complaint dated 23.08.2023 to the respondents and issue necessary direction to the respondents. For the Petitioner : Mr.P.Sidharthan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R1 & R3 Mr.K.Balakrishnan Standing Counsel for R2 & R4
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.P.Sidharthan, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for respondents 1 and 3 and Mr.K.Balakrishnan, learned Standing Counsel for respondents 2 and 4.
2. Learned counsel for the petitioner submits that after filing the present petition, the Police Authorities have also rejected the No Objection Certificate.
3. The present petition is filed based on presumptions and assumptions. Permission is not yet granted to the fourth respondent to open a TASMAC outlet at Door No.132, Survey No.84, Palavakkam, Chennai - 600 041.
4. In light of the above, the writ petition stands disposed of.
5. In case permission is eventually granted and the same is against the provisions of law, the aggrieved party is at liberty to challenge the same under the provisions of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003.
6. There will be no order as to costs. Consequently, W.M.P.No.29375 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.) 16.10.2023 Index :
Yes/No :
Yes/No drm
To
1. The Additional Chief Secretary Government of Tamil Nadu Home, Prohibition and Excise Department Secretariat, Fort St. George, Chennai - 9.
2. Tamil Nadu State Marketing Corporation Ltd. (TASMAC), rep. by its Managing Director CMDA Building, 4th Floor Phase II Egmore, Chennai - 8.
3. The Chennai Collector Singaravel Malligai, Rajaji Salai Chennai - 1.
4. The District Manager Tamil Nadu State Marketing Corporation Ltd.
(TASMAC), Kancheepuram North (District) Thirumalaisai Unit - III 1, Bangalore Highway Road Chembarabakkam Tiruvellore District.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(drm) 16.10.2023