Mr.Appolo James v. The Commisisoner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2024 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.No.36471 of 2024 Appolo James .. Petitioner Vs 1.The Commissioner, Prohibition and Excise, Ezhilagam, Chennai.
2.The District Collector, O/o. The District Collector of Chennai, Chennai.
3.TASMAC Limited, rep. by its Managing Director, CMDA Tower - II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.
4.The Regional Manager, TASMAC Limited, 735, IV Floor, L.L.A. Building, Anna Salai, Chennai-600 002.
5.The District Manager, TASMAC Limited, Thiruvallur East, Thirumazhisai Unit, Sembarabakkam, Chennai-600 123.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to not to open the TASMAC wine shop in the proposed location at S.No.123/3, Mettukuppam Main Road, Maduravoyil, Chennai-600 095 based upon the representation of the petitioner dated 17.10.2024.
For Petitioner : Mr.Avinash Wadhwani for Mr.M.Manimaran For Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for respondent No.2 : Mr.K.Balakrishnan Standing Counsel for respondents 1, 3 to 5
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Counsel for petitioner states that, after this court passed its order on 5.12.2024, the District Collector has passed an order on 11.12.2024
rejecting the proposal of the TASMAC to set up a retail outlet. The operative part of the order of the District Collector reads as under: "The District Manager, TASMAC Ltd, Tiruvallur (East) District vide letter 7th read above reported that around 59 petitions have been received through the Chief Ministers special cell and 3 through letter raising objections to the opening of the Liquor Shop at the above address.
The District Manager, TASMAC Ltd, Tiruvallur (East) District further reported that Public has been continuously raising objections for the opening of the liquor shop at the above address, since if permission is granted to open the liquor shop the public will raise continuous objections.
The Taluk Excise Officer, Maduravoyal Taluk, vide letter 8th read above has reported to reject the proposal of shifting of shop to the aforesaid premises based on the objections received from the Public. Hence based on the report received from the District Manager, TASMAC Ltd, Tiruvallur (East) District, Taluk Excise officer, Maduravoyal Taluk and considering the public interest, the proposal for shifting the TASMAC Shop No.9036 in Survey No. 123/3, Door No.442, Mettukuppam main Road, Maduravoyal, Chennai-95 is rejected.
The District Manager, TASMAC Ltd, Tiruvallur (East) District is further directed to find an alternate location to relocate the TASMAC Shop No.9036 and send a fresh proposal."
2. Counsel for petitioner states the petition has worked itself out and nothing remains.
3. Shri Prabakar states that pursuant to the observations made by this court on 5.12.2024 in this petition, a government order in the form of a
letter dated 11.12.2024 addressed to all the District Collectors has been issued by the Chief Secretary to Government. For ease of reference, the said letter is scanned and reproduced below:
4. It is clarified, and Shri Prabakar confirms, that it has been so
understood that though the order was passed in the matter relating to a representation to the Collector to consider objections regarding the setting up of a TASMAC retail outlet, the instructions given in the first paragraph of the said letter apply to all representations, not just restricted to issues pertaining to TASMAC.
5. A copy of this order shall also be circulated to all the District Collectors.
Petition is disposed of accordingly. There shall be no order as to costs. Consequently, interim application stands closed. (K.R.SHRIRAM, C.J.) (SENTHILKUMAR RAMAMOORTHY,J.) 12.12.2024 Index :
Yes/No NC :
Yes/No sasi
To:
1.The Chief Secretary to Government State of Tamil Nadu Fort St. George, Chennai - 9.
2.The Commissioner, Prohibition and Excise, Ezhilagam, Chennai.
3.The District Collector, O/o. The District Collector of Chennai, Chennai.
4.The Managing Director, TASMAC Limited, CMDA Tower - II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.
5.The Regional Manager, TASMAC Limited, 735, IV Floor, L.L.A. Building, Anna Salai, Chennai-600 002.
6.The District Manager, TASMAC Limited, Thiruvallur East, Thirumazhisai Unit, Sembarabakkam, Chennai-600 123.
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(sasi) 12.12.2024