Jayaseelan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.7901 of 2024 Jayaseelan ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Zonal Manager, Tamilnadu State Marketing Corporation Ltd., (TASMAC), Collectorate Building, Old Building 1st Floor, DRO Chamber, Trichy.

3.The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Pudukkottai, Pudukkottai District.

4.Sugumar ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 to 3, from in any manner granting any permission to open a TASMAC shop in

the property comprised in S.Nos.62/36, 62/38 and 62/33 respectively situated at Mimissal village, near east coastal road, Avudaiyarkovil Taluk, Pudukkottai District, by considering the representation of the petitioner dated 01.03.2024.

For Petitioner :Mr.S.Sathyachidambaram For R-1 :Mr.P.Thilak Kumar, Government Pleader For R-2 & R-3 :Mr.H.Arumugam

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, forbearing the respondents 1 to 3, from in any manner granting any permission to open a TASMAC shop in the property comprised in S.Nos.62/36, 62/38 and 62/33 respectively situated at Mimissal Village, near east coastal road, Avudaiyarkovil Taluk, Pudukkottai District, by considering the representation of the petitioner, dated 01.03.2024.

2. According to the petitioner, there is a proposal to open a TASMAC shop in the petition mentioned place. For that, the petitioner has made his objections on 01.03.2024 before the authorities and the same is pending.

3. The learned Standing Counsel appearing for the TASMAC would submit that the proposal to open the TASMAC shop in the aforesaid place is pending before the District Collector. He would further submit that if there is any objection pending, the same shall be considered as per the Tamil Nadu Liquor Retail Vending (in shops and Bars) Rules, 2003.

4. In view of the same, without expressing any opinion on the merits of the case, we direct the first respondent to consider the petitioner's objection and take appropriate decision at the time of considering the proposal submitted by the TASMAC.

5. With the above direction, this writ petition stands disposed of. No Costs.

[D.K.K., J.] [R.V., J.] 28.03.2024 Index :

Yes / No PM

To:

The District Collector, Pudukkottai District, Pudukkottai.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.7901 of 2024 28.03.2024