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Madras High CourtWP(MD)/11672/2017dismissed

P.Subramani, S/O.S.Prabakaran v. The District Collector

2017-08-31Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.11672 of 2017 P.Subramani ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Manager, Tamil Nadu State Marketing CorporationLtd., (TASMAC), Ramanathapuram District, Ramanathapuram.

3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents to close the TASMAC Liquor Vending Shop No.6969 situated at Sakkarakottai, Ramanathapuram on the basis of the representation of the petitioner dated 19.05.2017 within a time frame.

For Petitioner : Mr.R.R.Kannan For Respondents : Mr.M.Govindan, Spl. Govt. Pleader for RR1 & 3 Mr.B.Jamal Arasu for TASMAC - R2 Mr.N.Jeyaram Sidharth, Advocate Commissioner

O R D E R

(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner is aggrieved by the running of TASMAC Liquor Vending Shop No.6969 situated at Sakkarakottai, Ramanthapuram. He gave a representation dated 19.05.2017. Since it was not considered, this writ petition came to be filed. 2.This Court appointed Thiru.N.Jeyaram Sidharth as Advocate Commissioner to conduct a spot inspection and find out if the is shop in question is located within the prohibited distance. The https://hcservices.ecourts.gov.in/hcservices/

Advocate Commissioner visited the shop and submitted a report. It is seen from the report that there is no violation of the statutory provision. The shop in question is not located within the prohibited distance. Therefore, we dismiss this writ petition as devoid of merits.

3.This writ petition is dismissed. We direct the District Manager, TASMAC, Ramanathapuram to pay an additional sum of Rs.10,000/- as remuneration to the learned Advocate Commissioner within a period of one week from today. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Manager, Tamil Nadu State Marketing CorporationLtd., (TASMAC), Ramanathapuram District, Ramanathapuram.

3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

Copy to:

Mr.N.Jeyaram,Sidharth Advocate Commissioner, No.88, Law Chambers, Madurai Bench of Madras High Court, Madurai - 625 023. (Mobile No.9566926698) +1cc to M/S.B.JAMEEL ARASU, Advocate SR.No.75929 +1cc to M/S.RR.KANNAN, Advocate SR.No.75945 +1cc to Special Government Pleader, SR.No. 75999 Skm / Arul MAS/MR-KKR/SAR3:28.09.2017:2P-8C W.P(MD)No.11672 of 2017 31.08.2017 https://hcservices.ecourts.gov.in/hcservices/