Madras High CourtWP(MD)/8667/2022dismissed

Marimuthu .S v. The District Collector

2022-04-29Honourable Mr Justice C. Saravanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.8667 of 2022 and W.M.P.(MD) No.6357 of 2022 S.Marimuthu ... Petitioner /vs./

1. The District Collector, Pudukkottai District.

2. The Managing Director, TASMAC Limited, Thalamuthu Natarajan Building, 4th Floor, 2nd Block, Egmore, Chennai -8.

3. The District Manager, TASMAC Ltd., Sipcot Industrial Area, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent 1 to 3 not to shift the TASMAC shop without giving any prior notice, to follow the due process of law, to follow winding rules and to consider any objection.

For Petitioner : Mr.S.Bageerathan For R1 : Mr.M.Prakash Additional Government Pleader For R2 & R3 : Mr.H.Arumugam

ORDER

The petitioner has filed this writ petition for a Mandamus to direct the respondent 1 to 3 not to shift the TASMAC shop without giving any prior notice to the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

2.It is submitted that the respondents have decided to shift the TASMAC shop to a new location contrary to Rule 9 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003. 3.The learned counsel for the official respondent on the other hand has produced a copy of the order of the 1st respondent/the District Collector dated 25.03.2022, wherein the District Collector, Pudukkottai District has given permission to the respondents to change the TASMAC shop to a new location. 4.In the light of the above, there is no merit in the submission of the learned counsel for the petitioner that the proposal is contrary to Rule 9 of the aforesaid Rules. If at all the petitioner is aggrieved by the said decision, it is open for the petitioner to file a statutory appeal before the Appellate Commissioner in terms of the amended Rules.

5.The writ petition stands dismissed, in terms of the above observations. The respondents are directed to furnish a copy of the aforesaid letter dated 25.03.2022 of the 1st respondent to the petitioner to file a statutory appeal before the Appellate Commissioner in terms of the amended Rules. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Writ) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To The District Collector, Pudukkottai District.

+1 CC to M/s.S. BAGEERATHAN, Advocate ( SR-22584[F] dated 29/04/2022 ) W.P.(MD) No.8667 of 2022 and W.M.P.(MD) No.6357 of 2022 29.04.2022 SP/26/05/2022/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2