Madras High CourtWP(MD)/12044/2017disposed of

M.Ananthan v. The Government Of Tamil Nadu

2017-07-21Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2017

CORAM

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN W.P(MD)No.12044 of 2017 and WMP(MD)No.9272 of 2017 M.Ananthan .. Petitioner Vs.

1.The Government of Tamil Nadu, by its Secretary, Home Department, Chennai.

2.The District Collector, Tiruchirapalli.

3.The Superintendent of Police, Tiruchirapalli.

4.The Managing Director, TASMAC, Chennai.

.. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the respondents to close the retail liquor shop situated in Ammapatti Village limit, Thuraiyur Taluk, Trichy District and also to take action against the officials those who have attacked the people and snatched the property.

For Petitioner : Mr.S.Muthukrishnan For RR - 1 to 3 : Mr.M.Govindan Special Government Pleader For R - 4 : Mr.B.Pugalendhi Additional Advocate General assisted by Mr.M.Muniasamy

ORDER

(Order of the Court was made by K.K.SASIDHARAN, J.) The petitioner filed this Writ Petition to direct the respondents to close the retail liquor shop situated at Ammapatti Village limit, Thuraiyur Taluk, Trichy District. https://hcservices.ecourts.gov.in/hcservices/

2.When the Writ Petition was taken up for hearing, the learned Additional Advocate General appearing for the respondent No.4, by producing a copy of the order dated 25.05.2017 in WP(MD) No.9868 of 2017 submitted that another Writ Petition was filed for the very same relief. The Division Bench was pleased to dispose of the Writ Petition directing the District Collector, Tiruchirapalli to consider the representation dated 13.05.2017 and pass orders thereon. According to the learned Additional Advocate General, pursuant to the direction given by the Division Bench in the order dated 25.05.2017 in WP(MD)No.9868 of 2017, the District Collector, Tiruchy conducted enquiry and passed an order dated 22.06.2017. According to the District Collector, the shop was located beyond the prohibited distance.

3.In view of the order passed by the District Collector dated 22.06.2017, there is no question of issuing a writ of mandamus. We give liberty to the petitioner to challenge the order dated 22.06.2017, if he is still aggrieved.

4.The Writ Petition is disposed of with the above direction. No costs. Consequently, WMP(MD)No.9272 of 2017 is closed.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Secretary, Government of Tamil Nadu, Home Department, Chennai.

2.The District Collector, Tiruchirapalli.

3.The Superintendent of Police, Tiruchirapalli.

4.The Managing Director, TASMAC,Chennai.

WP(MD)No.12044 of 2017 21.07.2017 mj KK/SV AA/SAR2/11.08.2017/ 2P- 5C// https://hcservices.ecourts.gov.in/hcservices/