Maruthupandiarajan.R v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE Mrs. JUSTICE R.HEMALATHA W.P.(MD)No.12331 of 2022 and WMP(MD) No.8765 of 2022 R.Maruthupandiarajan : Petitioner Vs.
1.The Commissioner, Prohibition and Excise department Ezhilagam, Kamarajar Salai Chennai - 5.
2.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., CMDA Buildings - II, IV Floor Gandhi Irvin Bridge Road, Egmore, Chennai.
3.The District Collector, Madurai.
4.The Regional Manager South TASMAC Door No.100, Anna Nagar, Madurai 20 5.The Assistant Commissioner, Prohibition and Excise Department District Collectorate Buildings, Madurai District.
6.The District Manager, TASMAC Godown-North no.1 Madurai to Rameshwaram NH Road Manalur Road Sivagangai District : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 22.03.2022 within the time frame stipulated by this Court. 1/3
For Petitioner :
Mr.N.Ananthapadmanaban for M/s.APN Law Associates For Respondents :
Mr.A.K.Manikkam, Special Government Pleader for R1, R3 & R5 Mr.H.Arumugam for R2, R4 & R6
ORDER
(Order of the Court was made by P.N.PRAKASH, J.) Alleging that the 6th respondent is opening a TASMAC Shop in D.No.15/1 in S.No.84/1 H and 84/1I, of Sathamangalam Village, the present Public Interest Litigation has been filed for a direction to the respondent No.4 not to open the said shop. 2.Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the respondents 1,3 and 5 and the learned standing counsel for the respondents 2, 4 and 6.
3. In the affidavit filed by the petitioner, he has not even stated, which rule the respondents are violating by putting up a TASMAC shop in the said place.
4. On instructions, the learned standing counsel for the respondent TASMAC submitted that, the shop No.5422 was functioning in Thattankulam Village in Uthangudi and the same has been closed on the orders of this Court and a proposal has been sent by the 6th respondent on 07.06.2022 to the District Collector (third respondent) for shifting the said shop to D.No.15/1 in Sathamangalam Village and the said proposal is pending. He also brought to the notice of this Court Rule Nos.9 and 9-A of the Tamil Nadu Liquor Retail Vending Rules, 2003, which provides for consideration of the representation of aggrieved persons, while shifting a shop. In such view of the matter, this writ petition is closed with liberty to the petitioner to work out his remedies in the manner known to law. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-I) // True Copy // /06/2022 Sub Assistant Registrar(CS) RR 2/3
To 1.The Commissioner, Prohibition and Excise department Ezhilagam, Kamarajar Salai Chennai - 5.
2.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., CMDA Buildings - II, IV Floor Gandhi Irvin Bridge Road, Egmore, Chennai.
3.The District Collector, Madurai.
4.The Regional Manager South TASMAC Door No.100, Anna Nagar, Madurai 20 5.The Assistant Commissioner, Prohibition and Excise Department District Collectorate Buildings, Madurai District.
6.The District Manager, TASMAC Godown-North no.1 Madurai to Rameshwaram NH Road Manalur Road Sivagangai District +1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-26874[F] dated 20/06/2022 ) +1 CC to M/s.SPL.GP ( SR-27138[F] dated 21/06/2022 ) +1 CC to M/s.H. ARUMUGAM, Advocate ( SR-27263[F] dated 21/06/2022 ) Order made in 20.06.2022 VR(CO) TR(28.06.2022) 3P 10C 3/3