Rajendran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Rajendran ..
Petitioner Vs.
1. The District Collector Tiruvallur District Tiruvallur.
2. The Managing Director Tamil Nadu State Marketing Corporation Ltd.
4th Floor, Thalamuthu Nadarasan Maligai Egmore, Chennai 8.
3. The District Manager Tamil Nadu State Marketing Corporation Ltd.
Tiruvallur East, Tiruvallur.
..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to not to open the TASMAC wine shop No.8876 in the proposed location at No.108, Trunk Road, Bangalore National Highways, V.R.Puram, Thirumazhisai, Tiruvallur District.
For the Petitioner : Mr.K.Manimaran For the Respondents : Mr.P.Muthukumar State Government Pleader for Respondent-1 Mr.K.Balakrishnan for Respondents 2 & 3
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.K.Manimaran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for the first respondent and Mr.K.Balakrishnan, learned counsel for the respondents 2 and 3.
2. The present petition deserves to be dismissed on the ground that no cause of action exists.
3. The writ petition is filed for a direction that permission may not be granted to open TASMAC shop. It is the contention of learned counsel for the petitioner that permission is not yet granted.
4. Learned State Government Pleader submits that permission has been granted to open the TASMAC shop at the proposed location at 108, Trunk Road. The representation of the petitioner is rejected on the ground that permission does not violate any of the requirements of the statute and the Rules.
5. Even under the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, the petitioner has a remedy of appeal.
6. In the light of that, the writ petition is dismissed with liberty to the petitioner to avail the alternative remedy as may be permissible under law. There will be no order as to costs. Consequently, W.M.P.No.28661 of 2023 is also dismissed.
(S.V.G., CJ.) (D.B.C., J.) 09.10.2023 Index :
Yes/No :
Yes/No kpl
To
1. The District Collector Tiruvallur District Tiruvallur.
2. The Managing Director Tamil Nadu State Marketing Corporation Ltd.
4th Floor, Thalamuthu Nadarasan Maligai Egmore, Chennai 8.
3. The District Manager Tamil Nadu State Marketing Corporation Ltd.
Tiruvallur East, Tiruvallur.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 09.10.2023