Madras High CourtWP/1051/2020disposed of

Elamparithimukilan.P v. The District Coillector,

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 Elamparithimukilan P ..

Petitioner Vs.

1. The District Collector Chengalpattu District Chengalpattu.

2. The Managing Director Tamil Nadu State Marketing Corporation Ltd.

Chennai.

3. The Regional Manager Tamil Nadu State Marketing Corporation Ltd.

Kanchipuram.

4. The District Manager TASMAC Chengalpattu District Chengalpattu.

5. The Superintendent of Police Chengalpattu District Chengalpattu.

6. C.Ramalingam ..

Respondents [R6 suo motu impleaded vide order dated 04.02.2020] Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the 1st and other respondents to consider the representation sent on 05.11.2019 pertaining to shift the Tasmac Shop No.4381 that is just within 10 meters from the outer edge of Trichy-Chennai National Highway at Urapakkam area being the proximity of frequent and immediate accident are high and creates a grave danger for the ongoing multiple vehicles in the highway.

For the Petitioner : Mr.J.Arokiaraj For the Respondents : Mr.T.K.Saravanan Government Advocate for Respondents 1 & 5 No appearance for Respondents 2 to 4

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.J.Arokiaraj, learned counsel for the petitioner and Mr.T.K.Saravanan, learned Government Advocate for the

respondents 1 and 5.

2. Learned counsel for the petitioner submits that the impugned TASMAC shop is situated within 10 meters from the Chennai-Trichy National Highway. A representation is given to close down the same. However, no cognizance has been undertaken.

3. If a TASMAC shop is illegally operating, then, an aggrieved person can file an appeal under Section 9A of the Tamil Nadu Liquor Retails Vending (in Shops and Bars) Rules, 2003. The petitioner is at liberty to avail the said remedy. In that event, all contentions are kept open.

4. In the light of that, the writ petition 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 kpl