Madras High CourtWP/32801/2023disposed of

R.Karunanithi v. The Managing Director,

2023-11-21Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.11.2023 CORAM :

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

Petitioner Vs.

1. The Managing Director Tamil Nadu State Marketing Corporation Ltd. (TASMAC) Chennai - 600 008.

2. The District Collector Office of the Collectorate Villupuram District - 605 602.

3. The Regional Manager Tamil Nadu State Marketing Corporation Ltd. (TASMAC) Trichy - 620 001.

4. The District Manager 59 A, Compartment - II (TASMAC) Tamil Nadu Ware Housing Corporation Villupuram - 605 602.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to consider the representation dated 25.09.2023 and direct the respondents not to open the TASMAC shop in S.No.52/2 situated at Koliyanur Village and protect the interest of agriculturist and ensure the safety of the villagers and the travelers.

For the Petitioner : Mr.C.Iyyappa Raj For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.C.Iyyappa Raj, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents.

2. Permission is not yet granted for opening the TASMAC shop. In the light of that, the petition is premature. Even otherwise, remedy is available to challenge the license granted for opening the TASMAC shop under Rule 9A in Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003.

3. In view of the aforesaid, we are not inclined to entertain the present writ petition. The petitioner may avail the remedy, as may be permissible under law.

4. The writ petition, accordingly, stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 21.11.2023 Index :

Yes/No :

Yes/No drm To

1. The Managing Director Tamil Nadu State Marketing Corporation Ltd. (TASMAC) Chennai - 600 008.

2. The District Collector Office of the Collectorate Villupuram District - 605 602.

3. The Regional Manager Tamil Nadu State Marketing Corporation Ltd. (TASMAC) Trichy - 620 001.

4. The District Manager 59 A, Compartment - II (TASMAC) Tamil Nadu Ware Housing Corporation Villupuram - 605 602.

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

(drm) 21.11.2023