Madras High CourtWP(MD)/12436/2017dismissed

T.Rajamanickam, v. The District Collector

2017-07-26Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12436 of 2017 and W.M.P.(MD).No.9582 of 2017 T.Rajamanickam : Petitioner Vs.

1. The District Collector, Tirunelveli District.

2. The Senior Regional Manager, TASMAC Limited, Madurai.

3. The District Manager, TASMAC Limited, Tirunelveli-627 356.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents from establishing any TASMAC shop in S.No.510/9 and 510/3A situated in Kondangaram Revenue Village, Tirunelveli Taluk, Tirunelveli District vide petitioner's representation dated 28.06.2016.

For Petitioner : Mr.D.Saravanan For Respondents 1to4 : Mr.M.Muniyasamy Standing Counsel for TASMAC

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the respondents not to locate the TASMAC Wine shop in survey No. 510/9 and 510/3A situated in Kondanagaram Revenue Village, Tirunelveli Taluk, Tirunelveli District.

2.The counter affidavit filed by the District Manager, TASMAC, Tirunelveli District, indicates that the shop is located beyond the prohibited distance. In view of the facts and figures https://hcservices.ecourts.gov.in/hcservices/

given by the District Manager, TASMAC, we do not find any reason to issue Mandamus as prayed for by the writ petitioner. We give liberty to the petitioner to approach this Court, incase there is nuisance to the local residents on the account of the functioning of the TASMAC shop in question.

3.The writ petition is dismissed with the above observation. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Tirunelveli District.

+1cc to Mr.D.Saravanan, Advocate SR.No.68145 +1cc to The Spl.Government Pleader Sr.No.68735 TSG/AM VB/GT/SAR2/08/08/2017/2P/4C Order made in W.P.(MD)No.12436 of 2017 Dated: 26.07.2017 https://hcservices.ecourts.gov.in/hcservices/