Sakthivel v. The Principal Secretary To Government, (Home)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY AND THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Sakthivel .. Petitioner vs 1.The Principal Secretary to Government (Home) Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner, O/o. The Commissioner of Prohibition and Excise, Chepauk, Chennai - 05.

3.The District Collector, Kallakurichi District, Kallakurichi.

4.The Managing Director, TASMAC Ltd., 4th Floor, 2nd Block, CMDA Tower II, Egmore, Chennai - 600 008.

5.The District Manager, TASMAC Ltd., 59A, Compartment No.II, Tamil Nadu Ware Housing Corporation Chennai Trunk Road, Villupuram - 605 027.

.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to restrain the respondents herein or their men or agent from shifting 1/4

the TASMAC shop outlet bearing No.11467 which is situated at Block Number 593/16, Ma.Kunnathur Main Road, Ulundurpet Taluk, Villupuram District to the residential area of SC/ST people based on the petitioner's representation dated 16.09.2023. For Petitioner :

Mr.S.Saravanakumar For Respondents :

Mr.P.Balathandayutham Special Government Pleader for R1 to R3 Mr.K.Sathish Kumar Standing Counsel for R4,R5

ORDER

(Order of the Court was made by D.BHARATHA CHAKRAVARTHY.,J) The petitioner apprehends that TASMAC shop bearing No.11467, which is situated in Survey No.593/16, Ma.Kunnathur Main Road, Ulundurpet Taluk, Villupuram District, may be shifted to a place, to which he has objections.

2.

As on today, the petitioner has not placed on record any order which has been passed shifting TASMAC shop. Even if such an order is passed, the petitioner is entitled to file an appeal before the District Collector under the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 and as such, the petition is premature. 2/4

3.

Preserving such liberty, this writ petition stands dismissed. No costs.

(D.B.C.,J) (V.L.N.,J) 26.10.2023 Index:Yes/No mmi/ssm To 1.The Principal Secretary to Government (Home) Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Commissioner, O/o. The Commissioner of Prohibition and Excise, Chepauk, Chennai - 05 3.The District Collector, Kallakurichi District, Kallakurichi.

4.The Managing Director, TASMAC Ltd., 4th Floor, 2nd Block, CMDA Tower II, Egmore, Chennai - 600 008.

5.The District Manager, TASMAC Ltd., 59A, Compartment No.II, Tamil Nadu Ware Housing Corporation Chennai Trunk Road, Villupuram - 605 027.

3/4

D.BHARATHA CHAKRAVARTHY.,J AND V. LAKSHMINARAYANAN.,J mmi/ssm 26.10.2023 4/4