G.Suresh v. State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.2.2019

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.17371 of 2017 and W.M.P. No.18864 of 2017 G.Suresh ... Petitioner Vs.

1.State of Tamil Nadu Represented by its Secretary Department of Prohibition and Excise Fort St. George, Chennai - 600 009 2.The Tahsildar Sithanlur Valangaiman Taluk Thiruvarur District 3.District Collector Collectorate Master Plan Complex Thiruvarur District 4.Illayaraja 5.The District Manager TASMAC Limited ... Respondents (R5 suo motu impleaded as per order dt.10.7.2017 in WP) Writ Petition filed under Article 226 of the Constitution of India for a writ of mandamus, directing the 1st respondent to shut down and demolish the TASMAC shop bearing Registration No.Nil situated in Sithanvalur village, Valangaiman Taluk, Thiruvarur District.

For Petitioner : Ms.Preethi S. Arasu for Mr.S.R.Raghunathan For Respondents: Mr.Akhil Akbarali, Govt. Advocate for R1 to R3 Mr.B.Nedunchezhiyan, Standing Counsel for R5

ORDER

(delivered by S.MANIKUMAR, J) Petitioner has sought for a writ of mandamus, directing the 1st respondent to shut down and demolish the TASMAC shop bearing Registration No.Nil situated in Sithanvalur village, Valangaiman Taluk, Thiruvarur District.

2. On instructions from the District Manager, TASMAC Ltd, Thiruvarur/respondent No.5, Mr.B.Nedunchezhiyan, learned standing counsel for TASMAC Ltd, submitted that Shop No.9659 at Sithanvalur village, is closed. The proceedings of the District Manager, TASMAC Ltd, Tiruvarur District addressed to the Standing Counsel for TASMAC Ltd. in R.C. No.05/2017/A1 dated 27.9.2018, is reproduced hereunder:

Tamil Nadu State Marketing Corporation Ltd., From To Tmt.M.S.Vassundradevi, M.B.A. Thiru.B.Nedunchezhiyan District Manager, Advocate, High Court of TASMAC Ltd.

Madras, Standing Counsel Tamil Nadu State Marketing Corporation Ltd., Chennai R.C. No.05/2017/A1 dated 27.9.2018 Sir, Sub: TASMAC Ltd - Tiruvarur District W.P.

No.17371 of 2017 and W.P. No.18864/2017 - Writ filed by Mr.Suresh, Agraharam, Sithanvalur, Valangaiman Taluk, Writ filed against opening to TASMAC wine shop at Sithanvalur Village - shop closed due to public objection - regarding Ref: High Court of Madras - W.P. No.17371/2017 and 18864 of 2017 dated 21.12.2017 I invite kind attention to the above reference cited.

In this connection, I am to state that Shop No.9659 Sithanvalur TASMAC shop is closed on the FN of 12.02.2018 due to public objection. Hence I request that necessary action may kindly be initiated to close

the W.P. No.17371 of 2017 and W.P. No.18864 of 2017 pertaining to TASMAC Ltd., Tiruvarur District and communicated the result of case as early.

Yours faithfully, District Manager TASMAC, Thiruvarur

3. Placing on record the above, no mandamus required to be issued. Accordingly, the writ petition is dismissed. However, there shall be no order as to costs. Consequently, the connected writ miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar asr To 1.The Secretary Department of Prohibition and Excise Fort St. George, Chennai - 600 009 2.The Tahsildar Sithanlur Valangaiman Taluk Thiruvarur District 3.District Collector Collectorate Master Plan Complex Thiruvarur District 4.The District Manager TASMAC Limited

+1cc to Government Pleader sr.no.19308 +1cc to Mr.B.Nedunchezhiyan, Advocate sr.19242 +1cc to Mr.S.R.Raghunathan, Advocate sr.19166 W.P.No.17371 of 2017 and W.M.P. No.18864 of 2017 rsi(co) nr 23/04/2019