Help Foundation v. The Senior Divisional Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.9802 of 2023 Help Foundation Office at:- Attor Veyanoor Post Kanyakumari District PIN-629 177 represented through Johncilin Saviour Raj (M/46/2023) S/o.Paulraj Pandaravillai Veedu Attor, Veyanoor Post Kanyakumari District ... Petitioner -vs1.The Senior Divisional Manager TASMAC Plot No.100 Annanagar Madurai-265 020
2.The District Collector Nagerkoil Kanyakumari District 3.The District Manager TASMAC Senbagaramanputhur Nagercoil Kanyakumari District 4.The Joint Commissioner of Prohibition and Excise Kanyakumari District Nagercoil 5.The Tahsildar (Prohibition and Excise) Thuckalay Kanyakumari District 6.The Tahsildar Taluk Office Tiruvattar Kanyakumari District 7.The Inspector of Police Kulasekaram Police Station Kulasekaram Kanyakumari District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to consider the petitioner's representation dated 23.03.2023 and further direct the respondents to not open TASMAC wine shop in the proposed place at by the
Thiruvattar-Petchiparai Highways (near Kulasekaram Market junction), Kulasekaram, Kanyakumari District, as which is against the rules and which is against the interest of students.
For Petitioner :
Mr.V.Rajiv Rufus For Respondents :
Mr.H.Arumugam Standing Counsel for R1 Mr.P.Thilakkumar Government Pleader for R2 to R7
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.] On 25.10.2019, the following order was passed in W.P.(MD) No. 22759 of 2019:
"2. The learned Standing Counsel appearing for the respondent - TASMAC, on instructions from the District Manager, TASMAC, Kanyakumari District / third respondent submitted that there is no proposal to locate any TASMAC Wine Shop in the proposed place at Thiruvattar-Petchiparai Highways (near Kulasekaram Market Junction), Kulasekaram, Kanyakumari District. The above submission made vide communication dated 25.10.2019 is placed on record. The respondents are permanently injuncted from locating any TASMAC retail vending shop in the said locality."
2. In view of the same, the apprehension of the petitioner does not appear to be justified. If the respondents open a TASMAC shop as against the spirit of the order dated 25.10.2019, it will be open to the petitioner to move this Court complaining disobedience of the above order.
3. Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 01.06.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No krk To:
1.The District Collector, Nagerkoil, Kanyakumari District.
2.The District Manager, TASMAC, Senbagaramanputhur, Nagercoil, Kanyakumari District.
3.The Joint Commissioner of Prohibition and Excise, Kanyakumari District, Nagercoil.
4.The Tahsildar, (Prohibition and Excise), Thuckalay, Kanyakumari District.
5.The Tahsildar, Taluk Office, Tiruvattar, Kanyakumari District.
6.The Inspector of Police, Kulasekaram Police Station, Kulasekaram, Kanyakumari District.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
krk and W.M.P.(MD) No.9802 of 2023 01.06.2023