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Madras High CourtWP/31068/2022disposed of

Jiji Mathew v. The Managing Director

2024-03-22Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Jiji Mathew : Petitioner Vs 1.The Managing Director Tamil Nadu state Marketing Corporation Ltd.

CMDA Tower, 4th Floor, Gandhi Irwin Bridge Egmore, Chennai 2.The District Collector Chennai 3.The District Collector Tiruvallur District 4.The Commissioner of Police Greater Chennai Corporation Vepery, Chennai 5.The District Manager / Deputy Collector TASMAC Ltd.

No.1 Bangalore High Road Chembarambakkam Chennai 123 6.S.Ananadan : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to the impugned order of Proc.No.A3/1265/2022 dated 11.11.2022 passed by the 5th respondent and quash the same.

For Petitioners :

Mr.D.Ashok Kumar For Respondents 1 & 5 :

Mr.K.Balakrishna For respondents 2 to 4 :

Mr.K.Karthik Jagannath, Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.D.Ashok Kumar, learned counsel for the petitioner, Mr.K.Balakrishna, learned counsel for respondents 1 and 5 and Mr.K.Karthik Jagannath, learned Government Advocate for respondents 2 to 4.

2. Learned counsel for the petitioner submits that in spite of the fact that strong objections were raised, TASMAC liquor shop No.9173 was ordered to be shifted to Tiruvottiyur High Road, Thangal, Chennai-19. There are many educational and religions institutions in the nearby vicinity.

3. An aggrieved person can approach the authorities under Rule 9 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 and file an appeal. In case the petitioner approaches the authorities by way of an appeal, the authority concerned shall consider the request of the petitioner on its own merits.

4. The writ petition stands disposed of. There shall be no order as to costs. Consequently, WMP Nos.30487, 32790 of 2022 are closed. (S.V.G., CJ.) (D.B.C., J.) 22.03.2024 Index : Yes/No : Yes/No tar To 1.The Managing Director Tamil Nadu state Marketing Corporation Ltd.

CMDA Tower, 4th Floor, Gandhi Irwin Bridge Egmore, Chennai 2.The District Collector, Chennai District 3.The District Collector, Tiruvallur District 4.The Commissioner of Police Greater Chennai Corporation Vepery, Chennai 5.The District Manager / Deputy Collector TASMAC Ltd.

No.1 Bangalore High Road Chembarambakkam Chennai 123

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 22.03.2024