Madras High CourtWP(MD)/13070/2017disposed of

M.U.V.Mohideen Ibrahim, v. The Tamil Nadu,

2017-08-02Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.13070 of 2017 M.U.V.Mohideen Ibrahim, Secretary, People Welfare Production Organisation, Jumma Palivasal Complex, 18/27, Valal Seethakaathi Salai, Keelakarai - 623 517, Ramanathapuram District.

.. Petitioner Vs.

1. The Tamil Nadu, Through its Secretary, St.Fort, Chennai.

2. The District Collector, Collectorate Office, Ramanathapuram District.

3. The District Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Ramanathapuram District.

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

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to REMOVE THE TASMAC SHOPS bearing No.6842 and 6843 situated at Keelakarai Taluk, Ramanathapuram District on the basis of the representation of the petitioner dated 24.05.2017 within a time as stipulated by this Court.

For petitioner : Mr.K.M.Priscilla Jancy For R1, R2 and R4 : Mr.M.Govindan Special Government Pleader For R3 : Mr.M.Muniyasamy

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition in pro bono publico to direct the respondents to close the liquor shop bearing Nos.6842 and 6843, situated at Keelakarai Taluk, Ramanathapuram District.

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2.The affidavit filed in support of the writ petition does not contain a clear indication as to whether the shops in question are located within the prohibited distance. We therefore, do not find any reason to issue a mandamus as prayed for by the petitioner.

3.We make it clear that this order would not stand in the way of the local people from approaching this Court, in case the TASMAC shop is a perennial source of nuisance. 4.The writ petition is disposed of with the above observation. No costs.

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

1. The Tamil Nadu, Through its Secretary, St.Fort, Chennai.

2. The District Collector, Collectorate Office, Ramanathapuram District.

3. The District Manager, Tamil Nadu State Marketing Corporation Ltd.,(TASMAC), Ramanathapuram District.

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

+1cc to Mr.K.M.Priscilla Jancy, Advocate SR.No.70415 +1cc to The Spl.Government pleader Sr.No.70285 MM/NS VB/GT/SAR4/31.08.2017/2P/7C ORDER MADE IN W.P(MD)No.13070 of 2017 02.08.2017 https://hcservices.ecourts.gov.in/hcservices/