Vanumamalai .N v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE S.ANANTHI and WMP(MD) No.6597 of 2022 N.Vanumamalai : Petitioner Vs.
1.The Managing Director Tamil Nadu State Marketing Corporation Ltd., CMDA Tower II, IV floor Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.
2.The District Collector Office of the Collector Tirunelveli District.
3.The District Manager District Government TASMAC Office, Ambai Road, Melapalayam Tirunelveli District.
4.The Assistant Commissioner Excise Department District Collector Office, Tirunelveli.
5.The Regional Manager, Government TASMAC regional Office, Plot No.100 Anna Nagar, Madurai 625 020.
: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to forbear the respondent from opening the TASMAC liquor shop in the property of S.No.160 Meenavakulam Road, Marukalkurichi Panchayat, Tirunelveli District.
For Petitioner : Mr.K.R.Laxman For Respondents : Mr.D.Sadiq Raja for R2 Additional Government Pleader Mr.B.Jameelarasu for R1, R3 to R5 1/3
ORDER
(Order of the Court was made by P.N.PRAKASH, J.) Alleging that the respondents are attempting to open Shop No.10629 in S.No.160 of Meenavakulam Road, Marukalkurichi Panchayat, the present Public Interest Litigation has been filed.
2. Heard Mr.K.R.Laxman, learned counsel for the petitioner, Mr.D.Sadiq Raja, learned Additional Government Pleader, appearing for the 2nd respondent and Mr.B.Jameelarasu, learned standing counsel for the respondents 1, 3 to 5.
3. Shop No.10629 is being shifted from the existing place for want of accommodation to S.No.160, for which, the third respondent has sent a proposal to the second respondent. However, the learned counsel appearing on behalf of the third respondent brought to the notice of this Court Rule 9 of Tamil Nadu Liquor Retail Vending Rules, 2003, which reads as follows:
"9.Shifting of shop - There shall be no change in the location of shops except with previous permission of the Collector.
[provided that no such permission shall be given by the collector unless representation received, if any, objecting to the change in location of the shop, is considered and orders passed thereon.]"
4. That apart, an appeal provision has been provided under Rule 9-A of the said Rules. In such view of the matter, it is open to the petitioner to approach the concerned authorities in terms of Rules 9 and 9-A.
5. Recording the same, this writ petition stands closed. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) RR To 1.The Managing Director Tamil Nadu State Marketing Corporation Ltd., CMDA Tower II, IV floor Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.
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2.The District Collector Office of the Collector Tirunelveli District.
3.The District Manager District Government TASMAC Office, Ambai Road, Melapalayam Tirunelveli District.
4.The Assistant Commissioner Excise Department District Collector Office, Tirunelveli.
5.The Regional Manager, Government TASMAC regional Office, Plot No.100 Anna Nagar, Madurai 625 020.
+1 CC to M/s.K.R.LAXMAN, Advocate ( SR-24359[F] dated 07/06/2022 ) +1 CC to M/s.SPL.GP ( SR-24397[F] dated 07/06/2022 ) Order made in 06.06.2022 SS(16/06/2022) 3P 8C 3/3