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Madras High CourtWP(MD)/2041/2025disposed of

Rajarajan v. The Government Of Tamil Nadu

2025-03-21Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 21/03/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.2041 of 2025 Rajarajan ... Petitioner v.

1. The Government of Tamil Nadu, Represented by its Principal Secretary, Department of Prohibition and Excise, Fort St. George, Secretariat, Chennai - 600 009..

2. The Commissioner, Commissionerate of Prohibition and Excise, Chepauk, Chennai - 600 005..

3. The District Collector, Tenkasi, Tenkasi District..

4. The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (Tasmac), Plot No.100, Annanagar, Madurai - 625 020..

1/5

5. The District Manager, Tamil Nadu State Marketing Corporation Limited (Tasmac), Tasco Unit, Melapalayam, Tirunelveli..

6. Innisai Recreation Club, Sevalpatti Road, Karivalamvanthanallur, Thiruvengadam Taluk, Tenkasi District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 5 to shift the 6th respondent recreation club running in Sevalpatti Road, Karivalamvanthanallur, Thiruvengadam Taluk, Tenkasi District.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.P.Thilak Kumar for R1 to R3 Government Pleader Mr.T.Bashyam for R6

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The writ petition has been filed for a direction to the respondents 1 to 5 to shift the 6th respondent recreation club running in Sevalpatti Road, Karivalamvanthanallur, Thiruvengadam Taluk, Tenkasi District. 2/5

2. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 3.The petitioner is a resident of Sevalpatti village. The villagers have agitated against the opening of a recreation club in Karivalamvandhanallur. However, the 6th respondent club is running in the residential area and the location of the club in the residential area is causing disturbance. Hence, the petitioner has given a representation to the respondents on 16.11.2024 to the respondents 2 and 3. Since the said representation was not considered so far, the petitioner is before this Court with this writ petition.

4. We have heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the respondents.

5. Considering the facts and circumstances of the case and without going into the merits or the contentions of the petitioner, the 3rd respondent is directed to consider the representation of the petitioner 3/5

dated 16.11.2024 by giving due opportunity to the petitioner as well as other interested persons, if any, and pass suitable orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

[J.N.B.,J] [S.S.Y.,J] 21.03.2025 NCC : Yes/No Index : Yes/No RR To

1. The Principal Secretary, Department of Prohibition and Excise, Fort St. George, Secretariat, Chennai - 600 009..

2. The Commissioner, Commissionerate of Prohibition and Excise, Chepauk, Chennai - 600 005..

3. The District Collector, Tenkasi, Tenkasi District..

4/5

J.NISHA BANU, J AND S.SRIMATHY, J.

RR

ORDER

IN WP(MD) No.2041 of 2025 Date : 21/03/2025 5/5