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Madras High CourtWP/35180/2023disposed of

V.Nithyanantham v. The District Collector

2024-01-02Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2024 CORAM :

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

Petitioner Vs.

1. The District Collector Chengalpattu District.

2. The Managing Director TASMAC, Thalamuthu Natesan Maligai Egmore, Chennai.

3. The Principal Regional Manager TASMAC, LLA Building Anna Salai, Chennai.

4. The Commissioner of Police Tambaram, Chennai.

5. The Inspector of Police Talambur Police Station Chennai - 600 130.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st to 5th respondents to consider the petitioner's representation dated 25.10.2023 to close the TASMAC shop bearing No.4197 situated at Vedamangalam Road. For the Petitioner : Ms.R.Meenakshi Devi For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 to R3 Mr.R.Muniyapparaj Additional Public Prosecutor for R4 and R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.R.Meenakshi Devi, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for respondents 1 to 3 and Mr.r.Muniyapparaj, learned Additional Public Prosecutor for respondents 4 and 5.

2. Learned counsel for the petitioner submits that the TASMAC shop is located in a prohibited area. It is further submitted that application has been given for closing down the TASMAC shop, but no cognizance has been undertaken.

3. Learned State Government Pleader submits that in case there are some irregularities in running the TASMAC shop, the petitioner may avail the remedy provided under Rule 9A of the Tamil Nadu Liquor Retail Vending Rules, 2003.

4. In the light of that, the petitioner may avail the remedy as may be permissible under law. The writ petition, as such, stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 02.01.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Chengalpattu District.

2. The Managing Director TASMAC, Thalamuthu Natesan Maligai Egmore, Chennai.

3. The Principal Regional Manager TASMAC, LLA Building Anna Salai, Chennai.

4. The Commissioner of Police Tambaram, Chennai.

5. The Inspector of Police Talambur Police Station Chennai - 600 130.

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

(drm) 02.01.2024