Madras High CourtWP/31138/2023disposed of

P.Balasubramaniam v. The District Collector

2023-10-31Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Balasubramaniam ..

Petitioner Vs.

1. The District Collector Coimbatore District, Coimbatore.

2. The Regional Manager Tamil Nadu State Marketing Corporation Ltd. (TASMAC) 305 A, Vilankurichi Road Peelamedu Railway Station Back Side Chintamani Co-operative Society Depot Peelamedu, Coimbatore - 641 004.

3. The District Manager (South) Tamil Nadu State Marketing Corporation Ltd. (TASMAC) 4/5 A, Sangampalayam, Coimbatore Road Mahalingapuram Post, Achipatti Pollachi - 642 002.

4. The District Manager (North) Tamil Nadu State Marketing Corporation Ltd. (TASMAC) 305 A, Vilankurichi Road Peelamedu Railway Station Back Side Chintamani Co-operative Society Depot Peelamedu, Coimbatore - 641 004.

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, forbearing the respondents from opening/operating retail liquor vending shop (TASMAC shop) at SF.No.103/2B, Door No.11/1, Car Street, Somanur Road, Karumathampatti, Sulur Taluk, Coimbatore District. For the Petitioner : Mr.P.Saravana Sowmiyan For the Respondents : Mr.T.K.Saravanan Government Advocate for R1 Mr.Sathish Kumar Government Advocate for R2 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.P.Saravana Sowmiyan, learned counsel for the petitioner, Mr.T.K.Saravanan, learned Government Advocate for respondent 1 and Mr.Sathish Kumar, learned Government Advocate for respondents 2 to 4.

2. Learned counsel for the petitioner submits that representation has been given that the Retail Liquor Vending Shop may not be opened in SF.No.103/2B, Door No.11/1, Car Street, Somanur Road, Karumathampatti, Sulur Taluk, Coimbatore District.

3. Permission is not yet granted. The petition is premature. Naturally, when objections are raised as per the provisions of the Tamil Nadu Liquor Vending (in Shops and Bars) Rules, 2003, the same would have to be considered by the Authorities in accordance with law.

4. In the light of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.30769 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 31.10.2023 Index :

Yes/No :

Yes/No drm

1. The District Collector Coimbatore District, Coimbatore.

3. The District Manager (South) Tamil Nadu State Marketing Corporation Ltd. (TASMAC) 4/5 A, Sangampalayam, Coimbatore Road Mahalingapuram Post, Achipatti Pollachi - 642 002.

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

(drm) 31.10.2023