Madras High CourtWP/32486/2025disposed of

A.Mohammed Miskeen v. The District Collector

2025-08-26Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025 Coram The Honourable Mr.Justice Krishnan Ramasamy W.P.No.32486 of 2025 and W.M.P.No.36408 of 2025 A.MOHAMMED MISKEEN .. Petitioner Vs.

1 THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, TIRUVARUR DISTRICT- 610 004.

2 THE DISTRICT MANAGER TAMIL NADU STATE MARKETING CORPORATION (TASMAC) TIRUVARUR DISTRICT.

3 THE ASSISTANT COMMISSIONER OF EXCISE, DISTRICT COLLECTORATE, TIRUVARUR- 610 004.

...Respondents

Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from in any manner establishing or running of TASMAC shop for retail vending of liquor or running a bar in Door No.40/1 Railadi Road Thiruthuraipoondi Town, Tiruvarur District, by interfering with the 1/6

petitioner's right of use over the lands abetting the 'A.M. Deluxe Theatre' by considering the petitioner's objections dated 06.08.2025, 09.08.2025 11.08.2025 and 14.08.2025 within a time frame fixed by this Court. For Petitioner : Mr.D.Vairamoorthy For Respondents 1 & 3 : Mr.P.Balathandayutham, Special Government Pleader For Respondent-2 : Mr.K.Balakrishnan Standing Counsel Order Heard Mr.D.Vairamoorthy learned counsel appearing for the petitioner and Mr.P.Balathandayutham, learned Special Government Pleader, who takes notice on behalf of the respondents 1 and 3 and Mr.K.Balakrishnan, learned Standing Counsel who takes notice on behalf of the second respondent. With consent, the main Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has filed this Petition seeking for issuance of a writ, in the nature of mandamus forbearing the respondents from in any manner establishing or running of TASMAC shop for retail vending of 2/6

liquor or running a bar in Door No.40/1 Railadi Road, Thiruthuraipoondi Town, Tiruvarur District, by interfering with the petitioner's right of use over the lands abetting the 'A.M. Deluxe Theatre' by considering the petitioner's objections dated 06.08.2025, 09.08.2025, 11.08.2025 and 14.08.2025 within a time frame fixed by this Court.

3. The learned counsel for the petitioner would submit that the petitioner along with other Co-owners is operating a cinema theatre under the name and style, 'A.M.Deluxe'', in the place (as morefully described in para No.2 of this order); that raising objecting to a establishment/running of the TASMAC shop in the Railadi Road, Thiruthuraipoondi Town, the petitioner has been making representation repeatedly to the respondents dated 06.08.2025, 09.08.2025, 11.08.2025 and 14.08.2025 pointing out that if the shop is allowed to be run in the aforementioned location, it will infringe the distance rule and it will be against public interest., but none of the representations made by the petitioner has evoked any response, which necessitated the petitioner to approach this Court,seeking for aforesaid relief.

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4. The learned Special Government Pleader for the respondents 1 and 3 would submit that the representation made by the petitioner would be considered and disposed of within the time limit as prescribed by this Court.

5. In view of the submission made by the learned Special Government Pleader for the respondents 1 and 3 and considering the limited scope of the prayer, sought for by the petitioner, in this Writ Petition, this Court, without expressing any view with regard to the merits of the contentions putforth by the petitioner either in the Writ Petition or in the representation, is of the view that, suffice it would be to direct the first respondent to consider and dispose of the petitioner's representations in a time bound manner.

6. Accordingly, the Writ Petition is disposed of with a direction to the first respondent to consider the representation made by the petitioner in the recent past dated 14.08.2025 and dispose of the same as early as possible, preferably, within a period of three months weeks from the date of 4/6

receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed.

26.08.2025 sd Index : yes/no To 1 THE DISTRICT COLLECTOR DISTRICT COLLECTORATE, TIRUVARUR DISTRICT- 610 004.

2 THE DISTRICT MANAGER TAMIL NADU STATE MARKETING CORPORATION (TASMAC) TIRUVARUR DISTRICT.

3 THE ASSISTANT COMMISSIONER OF EXCISE, DISTRICT COLLECTORATE, TIRUVARUR- 610 004.

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Krishnan Ramasamy,J., sd W.P.No.32486 of 2025 26.08.2025 6/6