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Madras High CourtWP(MD)/10868/2021dismissed

Karunanithi.K v. The Dist Collector

2021-07-01Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD)Nos.8493 & 8494 of 2021 K.Karunanithi ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Manager / Deputy Collector, TASMAC Ltd., Madurai North, Madurai District, Madurai.

3.The Assistant Commissioner (Excise), Madurai, Madurai District.

4.The Revenue Divisional Officer, Melur, Madurai District.

5.The President, Vellalore Village Panchayat, Vellalore, Melur Taluk, Madurai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records pertaining to the order of the 1st respondent in Na.Ka.No.13147/2021/Mathu3, dated 14.06.2021 shifting the TASMAC retail shop bearing No.5445 from Door No.2/206E, Uranganpatti Road, Vellalore Village, Melur Taluk, Madurai District to No.3/383, T.Perumalpatti, Thaniyamangalam, Melur Taluk, Madurai District and quash the same.

For Petitioner : Mr.C.K.M.Appaji For R1 - R4 : Mr.A.K.Manickam, Standing Counsel for Government

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, the Writ Petition itself is taken up for final disposal.

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2.Heard Mr.C.K.M.Appaji, learned counsel appearing for the petitioner and Mr.A.K.Manickam, learned Standing Counsel for Government appearing for R1 to R4.

3.The petitioner, by way of this writ petition, seeks for a very peculiar relief to quash the order passed by the District Collector, relocating the TASMAC retail shop bearing No.5445 from Door No.2/206E, Uranganpatti Road, Vellalore Village, Melur Taluk, Madurai District to No.3/383, T.Perumalpatti, Thaniyamangalam, Melur Taluk, Madurai District.

4.The petitioner is a resident of the said village and wants the shop to be located in the very same location. 5.Unfortunately, the relief sought for cannot be granted, as location of a liquor shop is to be decided by the authorities in accordance with the relevant rules / guidelines and it is not for this Court to grant such a relief sought for by the petitioner. 6.Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) MR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Madurai District, Madurai.

2.The District Manager / Deputy Collector, TASMAC Ltd., Madurai North, Madurai District, Madurai.

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3.The Assistant Commissioner (Excise), Madurai, Madurai District.

4.The Revenue Divisional Officer, Melur, Madurai District.

+1 CC to M/s.H.ARUMUGAM, Advocate (SR-20976[F] dated 02/07/2021) +1 CC to M/s.SPL GP (SR-21222[F] dated 05/07/2021) ORDER MADE IN 01.07.2021 KK(12.07.2021) 3P 7C 3/3