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Madras High CourtWP/37934/2024disposed of

Little Star Recreation Club v. The Managing Director

2024-12-19Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2024

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Tvl. Little Star Recreation Club Represented by its Secretary M.Senthilkumaran ..Petitioner Vs.

1.The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), CMDA Tower -II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai- 600 008 2.The District Manager, TASMAC, Coimbatore South, 305A, Vilankurichi Road, Peelamedu Railway Station back side, Chintamani Co-operative Society Depot, Peelamedu, Coimbatore -641 004.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the second respondent to consider the representation dated 17.10.2024 submitted by the petitioner within a time frame fixed by this Court and permit the petitioner to continue to transport the alcoholic liquor purchased from the TASMAC godown to its club by vehicles owned by the petitioner club.

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For Petitioner : Mr.N.S.Amogh Simha For Respondents : Mr.Sathish Kumar Standing Counsel for TASMAC

ORDER

The present writ petition is filed for a writ of mandamus to direct the second respondent to permit the petitioner to continue to transport the alcoholic liquor purchased from the TASMAC godown to its club by vehicles owned by the petitioner's club as has been done until now.

2. It is submitted learned counsel for the petitioner that however the respondent authorities are now insisting that the liquor purchased from the TASMAC godown must be transported only through their contract vehicles engaged by TASMAC.

3. It is submitted that a representation dated 17.10.2024 was filed by the petitioner seeking the respondent's permission to continue to transport the alcoholic liquor purchased from the TASMAC godown to its club by vehicles 2/5

owned by the petitioner's club.

4. Learned Standing Counsel for the respondents would submit that the representation dated 17.10.2024 of the petitioner, would be considered by the respondents and order passed, within a period of four weeks from the date of receipt of a copy of this order.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the Respondent to consider the petitioner's representation dated 17.10.2024, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

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6. With the above directions, the writ petition stands disposed of. There shall be no order as to costs.

19.12.2024 Speaking (or) Non Speaking Order mrn To 1.The Managing Director, Tamil Nadu State Marketing Corporation Limited (TASMAC), CMDA Tower -II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai- 600 008 2.The District Manager, TASMAC, Coimbatore South, 305A, Vilankurichi Road, Peelamedu Railway Station back side, Chintamani Co-operative Society Depot, Peelamedu, Coimbatore -641 004.

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MOHAMMED SHAFFIQ, J.

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