V.Ganesh, S/O.Veerasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16078 of 2017 and W.M.P.(MD).No.12752 of 2017 V.Ganesh : Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Assistant Commissioner, Prohibition and Excise, Dindigul.

3. The General Manager, TASMAC, Dindigul Zonal, Dindigul.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents not to open the new TASMAC Shop in Survey No.367/2D, at Sangupillai Pudur, Ottanchithiram Taluk, Dindigul District, on the basis of the petitioner's representation dated 29.06.2017, within the time frame fixed by this Court.

For Petitioner : Mr.M.Suresh For Respondent No.1 : Mr.M.Govindan Special Government Pleader For R2 & R3 : Mr.H.Arumugam ***********

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] This writ petition is filed for restraining the respondents from opening any Tasmac liquor shop in Survey No.367/2D at Sangupillai Pudur, Ottanchathiram Taluk, Dindigul District. The writ petitioner has already given a representation dated https://hcservices.ecourts.gov.in/hcservices/

29.06.2017 in this regard.

2.When the matter was taken up for disposal, the learned Standing Counsel for the Tasmac submitted that there is no proposal as of now to open the shop in the site in question. He, however, indicated that there is a request in the owner of the premises to open the Tasmac shop in his place. Since the first respondent has not given any permission, there is no need to agitate in the matter as of now.

3.We, however, make clear that we leave open all the issues. We have already held that the Tasmac shops can be housed only in premises that have a proper planning approval and building permit. That apart, the use of the premises must be in conformity with the zoning regulations. Unless all the parameters laid down in law are fulfilled, such shops cannot be opened. 4.With these observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Dindigul District,Dindigul.

2. The Assistant Commissioner, Prohibition and Excise, Dindigul.

3. The General Manager, TASMAC,Dindigul Zonal, Dindigul.

+ 1 cc TO Mr.S.Karthik , Advocate in SR No. 76269 + 1 cc TO Mr.H.Arumugam , Advocate in SR No. 76910 tsg AE/KK/SAR3/13.10.2017/2P/6C Order made in W.P.(MD)No.16078 of 2017 and W.M.P.(MD).No.12752 of 2017 dated: 04.09.2017 https://hcservices.ecourts.gov.in/hcservices/