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Madras High CourtWP/14169/2017disposed of

Chakravarthi, v. The District Collector,

2018-11-30Honourable Dr Justice Vineet Kothari,Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2018

CORAM

THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE Dr.JUSTICE ANITA SUMANTH W.P.No.14169 of 2017 Chakravarthi

...Petitioner

Versus

1 The District Collector O/o.the Collectorate Krishnagiri District.

2 The District Manager IMFS Depot Tasmac Ltd. Krishnagiri Krishnagiri District.

3 The Inspector of Police Singarapettai Police Station Krishnagiri District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 1 and 2 to close the liquor shop bearing TASMAC shop No. 2980 (Old) in Maganurpatti Village S.No.180/1, Uthangarai Taluk, Krishnagiri District as the same is against the direction given by the Honourable Supreme Court of India and on the basis of the petitioner's representation dated 01.06.2017. For petitioner : Mr.I.Siddiq For RR1 and 3 : Mr.Jayaprakash Narayan, Government Pleader (Incharge) For R2 : Mr.B.Nedunchezhian

ORDER

(Order of the court was made by Dr.VINEET KOTHARI, J.) Petitioner, in this PIL writ petition, has raised an objection about the location of a liquor shop in Maganurpatti Village S.No.180/1, Uthangarai Taluk, Krishnagiri District, arraying the District Collector concerned and the District Manager of IMFS Depot, Tasmac Limited, Krishnagiri as also the https://hcservices.ecourts.gov.in/hcservices/

Inspector of Police, Singarapettai Police Station, Krishnagiri District as respondents.

2. The petitioner, obviously, has not chosen to approach the concerned authority of the Excise Department, who can look into such objections and decide the application for grant/renewal of licence to the licensee.

3. In view of the aforesaid alternative remedy available to the petitioner, which he has not exhausted, we are not inclined to entertain the writ petition exercising the extra-ordinary jurisdiction under Article 226 of the Constitution of India. We, therefore, direct the petitioner to go before the concerned authority of the Excise Department of the State.

4. With the above observation, the writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ssk.

To:

1 The District Collector O/o.the Collectorate Krishnagiri District.

2 The District Manager IMFS Depot Tasmac Ltd. Krishnagiri Krishnagiri District.

3 The Inspector of Police Singarapettai Police Station Krishnagiri District.

+1cc to Mr.B.Nedunchezhiyan, Advocate, S.R.No.82202 +1cc to Mr.Dass Viswa Associates, Advocate, S.R.No.82603 W.P.No.14169 of 2017 CP(CO) GSP(09/01/2018) https://hcservices.ecourts.gov.in/hcservices/