A.Thilagaraj v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2015 Coram THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).No.14812 of 2015 and M.P.(MD)No.1 of 2015 A.Thilagaraj :Petitioner vs.
1.The District Collector, Collectorate, Kokkirakulam, Tirunelveli - 627 009. 2.The Senior Regional Manager, Southern Region, TASMAC Limited, Plot No.100, Anna Nagar, Madurai - 625 020.
3.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC) Limited, IMFS DEPOT., Munneerpallam, Ambai Road, Tirunelveli - 627 356.
4.The Deputy Commissioner (Prohibition & Excise), : Respondents Prayer: Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus, forbearing the respondents 1 to 4 herein from running the TASMAC Liquor Shop bearing No.10727 and the illegal bar (Eatables Shop) attached to the shop bearing No.10727 situated and being run in the premises belonging to the petitioner comprised in Survey No.64/2B1, bearing Door No.102C, Manimoortheeswaram Village, Tirunelveli Taluk with property Tax Assessment No.9726, situated within the limits of Tirunelveli Corporation.
For Petitioner :Mr.S.P.Maharajan For Respondent-1 :Mr.S.Sadeshkumar, Addl.Govt.Pleader
O R D E R
This Writ Petition has been filed by A.Thiagaraj, who has let out his premises for respondent TASMAC in Survey No.64/2B1, bearing Door No.102C, Manimoortheeswaram Village, Tirunelveli District, seeking interim injunction restraining the respondents 1 to 4 from running the Liquor Shop and the illegal unauthorized bar (Eatables Shop) attached to the shop bearing No.10727 in the premises and also a Writ of Mandamus, forbearing the respondents 1 to 4 from running the TASMAC Liquor Shop bearing No.10727 and the illegal bar (Eatables Shop).
2. When the matter is taken up, the learned counsel appearing for the petitioner submitted that during pendency of the writ petition, the respondents had stopped the illegal bar (eatables shop), therefore, the petitioner has stated that he is not pressing the interim prayer.
3. However, with regard the main prayer is concerned, by placing on record the proceedings, dated 21.08.2014, marking a copy to the petitioner, the learned Additional Government Pleader appearing for the 1st respondent submitted that the respondents have also come forward to consider the request of the petitioner to shift the present shop to some other place, as and when a suitable place is identified.
4. In view of the communication, dated 21.08.2015, issued to the petitioner, marking a copy to the Manger of the TASMAC Shop as well as the Supervisor, this Court finds no more issue left for adjudication. Therefore, this writ petition stands closed. It is made clear that if the shop is not shifted within the reasonable time, it is open to the petitioner to approach this Court. No costs. Consequently, connected miscellaneous petition is closed.. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The District Collector, 2.The Senior Regional Manager, Southern Region, TASMAC Limited, Plot No.100, Anna Nagar, Madurai - 625 020.
3.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC) Limited, IMFS DEPOT., Munneerpallam, Ambai Road, Tirunelveli - 627 356.
4.The Deputy Commissioner (Prohibition & Excise), +1CC to Mr.S.P.Maharajan Advocate Sr.No.50311 +1CC to Spl.Government Pleader SR.No.50402 GJM/SKS/RR/6.10.15-3P_7C W.P.(MD).No.14812 of 2015 31.08.2015