V.Veeramani v. The State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Veeramani .. Petitioner vs 1.The State of Tamilnadu, rep. by its Principal Secretary to Government, Home Prohibition & Excise Department, Fort St. George, Chennai-600 009.
2.The Commissioner, Prohibition & Excise Department, Ezhilagam, Chepauk, Chennai-5.
3.TASMAC Limited, rep. by its Managing Director, 4th Floor, CMDA Tower, Egmore, Chennai-8.
4.The Assistant Commissioner (Excise), Nagapattinam,
5.The District Collector, Nagapattinam District, Nagapattinam.
6.The Tahsildar, Thirukuvalai Taluk Office, Thirukuvalai, 7.The District Manager, TASMAC, Nagapattinam District, Nagapattinam.
8.The Sub Inspector of Police, Valivalam Police Station, Valivalam, .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the seventh respondent to transfer the TASMAC Shop No.5795 from the placement of S.No.171/12 Kolappadu Village originally the lands belongs to Rajathi wife of Rajendran, Patta Number of the land is 806 to some other place.
For the Petitioner : Mr.R.Naresh Kumar for Mr.P.Gurunathan For the Respondents : Mrs.R.Anitha Spl. Government Pleader for respondents 1, 2, 4 to 6 and 8
: Mr.K.Sathish Kumar Standing Counsel for respondents 3 and 7
ORDER
(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.R.Naresh Kumar, learned counsel for Mr.P.Gurunathan, learned counsel for the petitioner; Mrs.R.Anitha, learned Special Government Pleader for respondents 1, 2, 4 to 6 and 8; and, Mr.K.Sathish Kumar, learned Standing Counsel for respondents 3 and 7.
2. Learned counsel for the petitioner submits that the TASMAC Shop No.5795 be directed to be transferred, as the land belongs to the neighbour of the petitioner.
3. In that case, the neighbour would be the aggrieved party and not the petitioner. No public interest is involved in this matter. Moreover, the remedy is available under Rule 9A of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003. The remedy
can be availed in that regard by the aggrieved party.
4. With these observations, the writ petition stands disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 07.12.2023 Index :
Yes/No Yes/No bbr To 1.The Principal Secretary to Government, State of Tamilnadu, Home Prohibition & Excise Department, Fort St. George, Chennai-600 009.
2.The Commissioner, Prohibition & Excise Department, Ezhilagam, Chepauk, Chennai-5.
3.The Managing Director, TASMAC Limited, 4th Floor, CMDA Tower, Egmore, Chennai-8.
4.The Assistant Commissioner (Excise), Nagapattinam,
5.The District Collector, Nagapattinam District, Nagapattinam.
6.The Tahsildar, Thirukuvalai Taluk Office, Thirukuvalai, 7.The District Manager, TASMAC, Nagapattinam District, Nagapattinam.
8.The Sub Inspector of Police, Valivalam Police Station, Valivalam,
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 07.12.2023