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Madras High CourtWP/39692/2024disposed of

S.Prabhu v. The Commissioner

2025-01-03Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Prabhu ... Petitioner Vs.

1.The Commissioner, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

2.The District Collector, Chennai District.

3.The Chairman cum Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tower-II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.

4.The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Kancheepuram (North), Kancheepuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 3 and 4, the Chariman cum Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Tower II, 4th Floor, Egmore, Chennai 600 008, the District Manager (TASMAC), Kancheepuram (North), 4th respondent herein to open the 1/4

TASMAC shop No.4094 at Survey No.27/2 Door No.32/19, Hoppman 2nd Street, Adambakkam, Alandur Taluk, Chennai by implementing the order of the second respondent dated 10.09.2024 in L3/163/2024 in which the TASMAC shop No.4094 ordered to shift to the petitioner premises. For Petitioner : Mr.J.Kamalini For Respondents : Mr.K.Balakrishnan, Standing Counsel for R3 and R4.

ORDER

The present writ petition is filed praying for a writ of mandamus, directing the respondents to open the TASMAC Shop No.4094 at Survey No.27/2 Door No.32/19, Hoppman 2nd Street, Adambakkam, Alandur Taluk, Chennai by implementing the order of the second respondent dated 10.09.2024 made in L3/163/2024 whereby the TASMAC Shop No.4094 was permitted to operate.

2. At the outset, it is submitted by the learned counsel for the petitioner that a representation was submitted on 12.12.2024, requesting the respondents to open the TASMAC shop bearing No.4094 by referring to the order of the second respondent dated 10.09.2024. However, the same is yet to be considered, hence the learned counsel for the petitioner prays for a direction to consider and dispose of the representation.

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3. It is submitted by the learned counsel for the respondents that the representation of the petitioner would be considered and orders would be passed within a period of four weeks.

4. In view thereof, the representation of the petitioner dated 12.12.2024 would be considered by the respondents and orders would be passed in accordance with law after affording the petitioner a reasonable opportunity of hearing 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. The concerned authority shall consider the representation on its own merits and in accordance with law.

5. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

03.01.2025 Speaking (or) Non Speaking Order Index : Yes/ No shk 3/4

MOHAMMED SHAFFIQ, J.

shk To:

1.The Commissioner, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

2.The District Collector, Chennai District.

3.The Chairman cum Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tower-II, 4th Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.

4.The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Kancheepuram (North), Kancheepuram.

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