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Madras High CourtWP(MD)/11617/2022dismissed

Selvam v. The Managing Director,

2022-06-14Honourable Mr Justice P. N. Prakash,Honourable Mrs Justice S.Ananthi (Retd.)6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH and THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.(MD) No.8207 of 2022 Selvam ....Petitioner Vs.

1.The Managing Director, 4th Floor, C.M.D.A. Tower - II, Gandhi Irwin Bridge Road, Egmore, Chennai.

2.The District Collector, 1/6

3.The District Manager, ....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to close the unauthorized Bar set-up on the road margin, attaching to the TASMAC Shop No.6506 at Aranthangi to Pattukottai Main Road, Aranthangi, Pudukottai District, by considering the petitioner's representation dated 09.04.2022.

For Petitioner : Mr.T.Lenin Kumar For R1 & R3 : Mr.H.Arumugam, Standing Counsel For R2 : Mr.A.K.Manickam, Additional Government Pleader

O R D E R

[Order of the Court was made by P.N.PRAKASH, J.] Alleging that the respondents are conducting an illegal Bar in Shop No.6506 in Pattukottai Main Road, Aranthangi, Pudukottai District, this Public Interest Litigation has been filed for removal of the same. 2/6

2. Heard Mr.T.Lenin Kumar, learned Counsel appearing for the petitioner, Mr.H.Arumugam, learned Standing Counsel appearing for respondents 1 and 3 and Mr.A.K.Manickam, learned Additional Government Pleader appearing for the second respondent.

3. Learned counsel appearing for the respondents submitted that there is a chequered history with regard to the litigation concerning the TASMAC Shop No.6506 in that, the said shop was earlier given to one A.Selvam, for a certain period and thereafter, the licence was given to one Venkatesh Kumar with effect from 01.01.2022. Aggrieved by that, the said A.Selvam, appears to have filed two writ petitions unsuccessfully, namely, W.P.(MD) Nos.5832 of 2022 and 8255 of 2022. It is the allegation of the respondents that the present petitioner, who incidentally bears the name Selvam, has been set up by the other Selvam.

4. Be that as it may, the fact remains that the bar licence has been given to one Venkatesh Kumar, in accordance with law and if the petitioner has got any grievance with regard to that, the same has to be 3/6

contested by the petitioner in the manner known to law and not by way of this Public Interest Litigation.

5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

[P.N.P.,J.] & [S.A.I.,J.] 14.06.2022 Index : Yes/No Internet : Yes/No RM 4/6

To 1.The Managing Director, 4th Floor, C.M.D.A. Tower - II, Gandhi Irwin Bridge Road, Egmore, Chennai.

2.The District Collector, 3.The District Manager, 5/6

P.N.PRAKASH, J.

and S.ANANTHI, J.

RM ORDER MADE IN 14.06.2022 6/6