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Madras High CourtCRL OP(MD)/1060/2022allowed

P.Bharathiraja v. The Managing Director

2022-01-20Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.1060 of 2022 1.P.Bharathiraja 2.M.Kaniraja 3.Icourt Durai 4.S.M.Samyraj 5.M.Shanmugaraj 6.G.Subburaj ... Petitioners vs.

1.The Managing Director, Tamil Nadu State Marketing corporation, (TASMAC), CMDA Complex, Egmore, Chennai-600 008.

2.The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC), 3.The Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Deputy Superintendent of Police, Thoothukudi Town Sub Division, 5.The Deputy Superintendent of Police, Vilathikulam Sub Division, 6.The Deputy Superintendent of Police, Maniyachi Sub Division, 1/4

7.The Inspector of Police, Thalamuthunagar Police Station, 8.The Inspector of Police, Thoothukudi North Police Station, 9.The Inspector of Police, Pasuvanthanai Police Station, 10.The Inspector of Police, Ettaiyapuram Police Station, 11.The Inspector of Police, Kovilpatti East Police Station, ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondents not to interfere with lawful business of the petitioners for collecting the empty bottles and settling the eatables in the Bar attached with TASMAC shop Nos.9972, 10084, 9954, 9947, 9948, 9957, 10035, 9906, 10024, 9937 situated at Thoothukudi. For Petitioners : Mr.A.Robinson For R3 to R11 : Mr.M.Sakthi Kumar Government Advocate (Crl.)

O R D E R

Heard the learned counsel for the petitioners and the learned Government Advocate (crl.side) appearing for R3 to R11.

2. The petitioners are said to be running bars in respect of the petition mentioned TASMAC liquor outlet. According to the petitioners, in view of the prevalence of the pandemic, license earlier given to them has been extended. However, no material has been enclosed in the typed set of papers in support of the claim. In any event, under Section 482 of Cr.P.C., the rights of the petitioners to run the bars cannot be gone into or decided. Therefore, the respondents 1 & 2 are deleted from the array of the parties.

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3.The petitioner's counsel seeks a limited relief of forbearing the respondent police from interfering with the running of bars by the petitioners herein. The respondent police are therefore restrained from interfering in the matter except by due process of law.

4. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Thoothukudi Town Sub Division, 3.The Deputy Superintendent of Police, Vilathikulam Sub Division, 4.The Deputy Superintendent of Police, Maniyachi Sub Division, 5.The Inspector of Police, Thalamuthunagar Police Station, 3/4

6.The Inspector of Police, Thoothukudi North Police Station, 7.The Inspector of Police, Pasuvanthanai Police Station, 8.The Inspector of Police, Ettaiyapuram Police Station, 9.The Inspector of Police, Kovilpatti East Police Station, 10.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.ROBINSON, Advocate ( SR-1842[F] dated 20/01/2022 ) 20.01.2022 MGJ(04.02.2022) 4P 12C 4/4