S.H.Naveenkumar, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2020
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH Writ Petition No.30194 of 2019 WMP.No.30165 of 2019 Mr.S.H.Naveenkumar
...Petitioner
Vs.
1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd, 4th Floor, Thalamuthu Nadarasan Maligai, Egmore Chennai-8 2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd.
LLA Building, Annasalai, Chennai.
3.The District Manager Tamil Nadu State Marketing Corporation Ltd.
Thiruvallur East, Thirumazhisai.
Chennai.
4.R.Praveenkumar ... Respondents PRAYER: PETITION filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing not to issue License to the 4th respondent for running the bar attached to the TASMAC Wine Shop No.8860, situated at No.290, Trunk Road, Srinivasa Nagar, Ponamalle, Chennai based upon the objection filed by the petitioner dated 16.10.2019 to the respondents 1 to 3.
For Petitioner : Mr.M.Manimaran For Respondents : Mr.K.Sathish Kumar Standing Counsel for R1 to R3 Mr.G.Mohammed Aseef for R4 1/3
O R D E R
The petitioner claims to be the owner of a building admeasuring 1500 sq. fts. bearing Door No.290, Trunk Road, Srinivasa Nagar, Poonamallee, Chennai-56. He had entered into an agreement with the District Manager Tamil Nadu State Marketing Corporation Ltd. (TASMAC) for running a wine shop bearing No.8860 in the aforesaid premises.
2. There appear to have arisen certain disputes between the petitioner and the 4th respondent in regard to the tenancy of the premises in question as a result of which the petitioner states that he had entered into a rental agreement with one Mr.P.Elumalai, in regard to the same property in question. Notwithstanding this position, the Official respondents vide proceedings dated 15.10.2019 issued a license to the 4th respondent for running the wine shop.
3. Both the writ affidavit as well as the counter filed contain the sequence of detailed facts in regard to the transaction. However, seeing as the petitioner has, on 16.10.2019 made a representation before R1 setting out his objections to the running of the wine shop by R4 and pointing out that his rental agreement is with Mr.P.Elumalai, it would suffice that the representation be considered by R1 and an order passed thereupon after hearing the petitioner, within a period of two weeks from today i.e. on or before 05.02.2020.
4. Status quo in force will continue till 05.02.2020.
5. This writ petition is disposed in the aforesaid terms. Consequently, connected miscellaneous petition is closed with no order as to costs.
Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ska 2/3
To 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd, 4th Floor, Thalamuthu Nadarasan Maligai, Egmore Chennai-8 2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd.
LLA Building, Annasalai, Chennai.
3.The District Manager Tamil Nadu State Marketing Corporation Ltd.
Thiruvallur East, Thirumazhisai.
Chennai.
+1 cc to Mr.M.Manimaran Advocate sr4178 +1 cc to Mr.K.Sathish kumar Advocate sr4221 +1 cc to Mr.G.Mohammed Aseef Advocate sr4425 Writ Petition No.30194 of 2019 WMP.No.30165 of 2019 aa22/01/2020 3/3