Madras High CourtWP(MD)/17348/2017allowed

M.Karthik, S/O.M.Manivannan v. The District Collector

2017-09-18Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No. 17348 of 2017 and W.M.P(MD).No.13883 of 2017 M.Karthik .. Petitioner Vs.

1. The District Collector, Trichy District.

2. The District Manager, TASMAC, Trichy District.

3. The Executive Officer, Paithamparai Panchayat, Musiry Taluk, Trichy District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to shift the TASMAC shop No.10544 from Paythamparai village, Musiri Taluk, Trichy District to any other place.

For petitioner : Mr.K.P.Narayanakumar For R1 : Mr.T.S.Mohamed Mohideen Additional Government Pleader For R2 : Mr.B.Jameel Arasu For R3 : Mr.Murugan

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The petitioner seeks shifting of TASMAC Liquor shop No.10544 from Paythamparai Village, Musiri Taluk, Trichy District to any other place.

2.When the writ petition was taken up for hearing, it was fairly admitted by the learned standing counsel for TASMAC that there is no building plan approval for the premises which is housing https://hcservices.ecourts.gov.in/hcservices/

the TASMAC Shop in question. We have consistently held that if there is no building plan approval, it cannot house the TASMAC Liquor outlet also. Therefore this writ petition stands allowed. The first respondent is directed to close down shop forthwith.

3. This writ petition stands disposed of accordingly. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

The District Collector, Trichy District.

+ 1 CC TO Mr.K.P.NARAYANAKUMAR, ADVOCATE IN SR No. 79468 + 1 CC TO Mr.B.JAMEEL ARASU, ADVOCATE IN SR No. 79827 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 79737 RMK/PJL TE/MR-KKR/SAR-I : 05/10/2017 : 2P/5C ORDER MADE IN W.P.(MD)No. 17348 of 2017 and W.M.P(MD).No.13883 of 2017 18.09.2017 https://hcservices.ecourts.gov.in/hcservices/