V.Kuppusamy, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].Nos.22113 and 21955 of 2018 and W.M.P.(MD).Nos.20054 and 19898 of 2018 W.P.(MD).No.22113 of 2018:
V.Kuppusamy : Petitioner Vs.
1.The District Collector, Dindigul District.
2.The District Manager, Tamil Nadu State Marketing Corporation, Dindigul.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents not to locate TASMAC Shop and Bar No.3187 in D.No.157/B4 at "Kadaiveethi Bus Stop" in Ward No.10 and Shop & Bar No.3175 in D.No.308/A, Survey No.216/3A in Ward No.9 of Ottanchatram Town, Dindigul District.
For petitioner : Mr.V.S.Kishok Kumar For respondents : Mr.A.K.Baskarapandian Special Government Pleader For Respondent No.2 : Mr.H.Arumugam Standing Counsel W.P.(MD).No.21955 of 2018:
N.Karuppanan : Petitioner Vs.
1.The District Collector, Dindigul District.
2.The Assistant Commissioner, [Excise], Dindigul.
3.The District Manager, Tamil Nadu State Marketing Corporation, Dindigul.
: Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 herein not to locate the Liquor Shop and Bar No.3185 at the entrance of Oddanchathiram Vegetable Market and Shop and Bar No.3347 at Thiruvalluvar Street, Oddanchathiram.
For petitioner : Mr.V.Janakiramulu For respondents1&2 : Mr.N.Shanmugaselvam Additional Government Pleader For Respondent No.3: Mr.H.Arumugam Standing Counsel COMMON ORDER ******************** [Order of the Court was made by M.M.SUNDRESH, J.] In view of the fact that the issue involved in these Writ Petitions being common, both the Writ Petitions were heard together and they are disposed of by means of this Common Order.
2. The common grievance sought to be espoused in both the Writ Petitions is with respect to the alleged nuisance on account of proposed of establishment of TASMAC Shop. Absolutely, there is no violation of the Rule brought to the notice of this Court. It appears that the petitioner in W.P.(MD).No.21955 of 2018 is an employee of a Bar. Therefore, we are quite surprised as to how he can maintain this Writ Petition.
3. The counter affidavit filed by the third respondent in W.P. (MD).No.21955 of 2018 would show that the intention is to make the Bar, which is run with FL2 license, to flourish by preventing the proposed establishment of the shop. However, as pointed out earlier, no violation of the Rule has been brought to the notice of this Court. Thus, we do not find any merit in these Writ Petition, which are, accordingly, dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The District Collector, Dindigul District.
2.The Assistant Commissioner, [Excise], Dindigul.
3.The District Manager, Tamil Nadu State Marketing Corporation, Dindigul.
• 2 CCs TO Mr.H.Arumugam , ADVOCATE IN SR Nos.93333,93335 • + 1 CC TO Mr.V.S.KISHOK KUMAR , ADVOCATE IN SR No.93134. +1 cc to Special Government Pleader, SR.Nos.93830,93392. NB DS SKN SAR3 22 11 2018 3P 8C ORDER MADE IN W.P.[MD].Nos.22113 and 21955 of 2018 30.10.2018