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Madras High CourtWP/26678/2018disposed of

S.Shakbeer v. The Managing Director

2018-10-12Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2018

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No. 26678 of 2018 in W.M.P.No. 31054 of 2018 S.Shakbeer, ..Petitioner vs.

1. The Managing Director, Tamilnadu State Marketing Corporation, Egmore, Chennai - 8.

2. The Regional Manager, Tamilnadu State Marketing Corporation, 303, Chindamani Godown, Peelamedu, Railway Station Backside, Vilangkurichi Salai, Coimbatore - 14.

3. The District Collector CoimbatoreDistrict. .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents nos. 1 to 3 from proceeding further with commissioning of new TASMAC wine shop at Gandhipuram 5th Street, Crosscut Road, Coimbatore. For Petitioner : Mr.T.Sundaravadanam For Respondents : Mr.K.Sathish Kumar Standing Counsel for R1 & R2 Mr.N.Inbanathan Additional Government Pleader for R3

O R D E R

Mr.K.Sathish Kumar takes notice for the first and second respondents.

Mr.N.Inbanathan, learned Additional Government Pleader takes notice for the third respondent.

2. The petitioner seeks for mandamus forbearing the respondents no.s 1 to 3 from proceeding further with https://hcservices.ecourts.gov.in/hcservices/

commissioning of new TASMAC wine shop at Gandhipuram 5th street, Crosscut Road, Coimbatore.

3. It is the grievance of the petitioner that the proposed location of the TASMAC shop at the disputed site would cause hindrance to the public, apart from the fact that such location is also opposed to the distance rule. Ventilating such grievance, the petitioner has already filed a representation before the respondents on 16.08.2018. Therefore, it is for the respondents, more particularly, the second respondent to consider such representation and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and also by making local inspection.

4. Therefore, without expressing any view on the merits of the contentions raised by the petitioner, this writ petition is disposed of by directing the second respondent to consider the said representation of the petitioner and pass orders on the same on merits and in accordance with law after giving due opportunity of hearing to the petitioner and also by making local inspection within a period of two weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS vi) //True Copy// Sub Assistant Registrar sni

1. The Managing Director, Tamilnadu State Marketing Corporation, Egmore, Chennai - 8.

2. The Regional Manager, Tamilnadu State Marketing Corporation, 303, Chindamani Godown, Peelamedu, Railway Station Backside, Vilangkurichi Salai, Coimbatore - 14.

3. The District Collector Coimbatore District.

+1 CC TO GOVERNMENT PLEADER SR.NO. 71458 +1cc to Mr.T.Sundaravadanam , Advocate SR.No. 71536 +1cc to Mr.K.Sathish Kumar , Advocate SR.No. 71232 W.P.No. 26678 of 2018 ASK(30/10/2018) https://hcservices.ecourts.gov.in/hcservices/