R.Rajalakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2022 CORAM :
The Hon'ble Mr.JUSTICE M.SUNDAR and W.M.P.No.32595 of 2022 in R.Rajalakshmi W/o.Ramasamy .. petitioner Vs.
1.
The District Collector O/o.Ariyalur District Collectorate Ariyalur.
2.
The Managing Director TASMAC Limited CMDA Towers Egmore, Chennai-600 008.
3.
The District Manager TASMAC Limited Perambalur District.
.. Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to not to close the TASMAC wine shop No.6467 situated in Survey No.24/2, situated at Page Nos.1/6
T.Palur Village, Ariyalur.
For Petitioner :
Mr.M.Manimaran For Respondents :
Mr.T.K.Saravanan Government Advocate for R1 Mr.C.Ramesh standing counsel for TASMAC for R2 and R3 *****
O R D E R
After some arguments, Mr.M.Manimaran, learned counsel on record for writ petitioner sought permission to withdraw the captioned writ petition along with captioned 'Writ Miscellaneous Petition' ['WMP'] thereat.
2. Learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows: Page Nos.2/6
3. Adverting to aforementioned endorsement and Rule 9 of 'Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003' [hereinafter 'TN Liquor Vending Rules' for the sake of convenience and clarity] being Rules made under 'Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937)' [hereinafter 'TN Prohibition Act' for the sake of convenience and clarity] i.e., Rule 9 as amended on and from 13.02.2022, learned counsel makes a request to preserve contentions of writ petitioner to make a representation to jurisdictional District Collector.
4. Mr.T.K.Saravanan, learned Government Advocate takes notice for first respondent. Mr.C.Ramesh, learned standing counsel for TASMAC accepts notice for respondents 2 and 3.
5. Learned Government Advocate for first respondent submits that the first respondent has not received any representation qua subject matter of captioned writ petition. To be noted, subject matter of the captioned writ petition is shifting of a 'TASMAC' ['Tamil Nadu State Marketing Corporation Limited'] shop No.6467 in Survey No.24/2 at T.Palur Village, Page Nos.3/6
Ariyalur' ['said shop' for the sake of convenience and clarity].
6. In the light of narrative thus far, request of learned counsel for writ petitioner to preserve the contentions of writ petitioner to make a representation to first respondent is acceded to. If the writ petitioner makes a representation, it is open to first respondent to consider the representation on its own merits and in accordance with law. Though obvious, it is made clear that there is no expression of view or opinion in this order.
7. Captioned Writ Petition and captioned WMP disposed of as closed / withdrawn. There shall be no order as to costs. 12.12.2022 Index: Yes/No Speaking / Non-speaking order mk To 1.
The District Collector Page Nos.4/6
O/o.Ariyalur District Collectorate Ariyalur.
2.
The Managing Director TASMAC Limited CMDA Towers Egmore, Chennai-600 008.
3.
The District Manager TASMAC Limited Perambalur District.
M.SUNDAR, J., Page Nos.5/6
mk and W.M.P.No.32595 of 2022 in 12.12.2022 Page Nos.6/6