Madras High CourtWP(MD)/618/2020dismissed

R.S.Alagu v. The District Collector

2020-03-02Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi2 pages

W.P(MD)No.618 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.03.2020

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.618 of 2020 and W.M.P(MD)No.454 of 2020 R.S.Alagu ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Commissioner, Prohibition and Excise Department, Virudhunagar District.

3.The District Manager, Tamilnadu State Marketing Corporation Limited, (TASMAC) Virudhunagar, Virudhunagar District.

4.The Manager, Tamilnadu State Marketing Corporation Limited, (TASMAC), 29/34, SIDCO Industries Ltd., Sulakarai, Virudhunagar District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents not to establish a TASMAC Liquor Shop at T.S.No.15/1, Ward D, Block No.18, 20 Mudakkiyar Road, nearby Petrol Bulk, Rajapalayam, Virudhunagar District.

For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr.R.Sethuraman Special Government Pleader for R.1 & R.2 Mr.H.Arumugam for R.3 & R.4 * * * * * https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.618 of 2020

ORDER

[Order of the Court was made by B.PUGALENDHI, J.] In the opinion of this Court, it is not a fit case to issue any directions as prayed for, inasmuch as Rule 8 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, specifies the prohibited distance from where TASMAC shops can be established. If the shop is within the prohibited area, it is open to the petitioner to refer the same to the authority concerned, namely, the District Collector. If the shop comes within the prohibited area, as alleged by the petitioner, the District Collector concerned can take appropriate action, as per the Rules.

2. The Writ Petition is dismissed accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (W) // True Copy // / /2020 Sub Assistant Registrar(CS) SML To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Commissioner, Prohibition and Excise Department, Virudhunagar District.

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-9835[F] dated 03/03/2020 ) +1 CC to M/s.SPL.GP ( SR-9974[F] dated 04/03/2020 ) W.P(MD)No.618 of 2020 and W.M.P(MD)No.454 of 2020 02.03.2020 KK/16.03.2020/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2