Sakratees v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Sakratees ... Petitioner -vs1. The District Collector, Thanjavur District, Thanjavur.

2. The District TASMAC Manager, TASMAC Limited, Thanjavur District, Thanjavur.

3. The Zonal Excise Officer, TASMAC Limited, District Collector Office, Thanjavur District.

4. The Special Tahsildar, Excise Department, TASMAC Limited, Kumbakonam, Thanjavur District.

... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents No.1 and 2 to relocate the TASMAC Shop No.7946 situated nearby Asur National Highways Road, based on the representation of the petitioner dated 24.03.2023. For Petitioner :

Mr.C.Sasikumar For Respondents :

Mr.P.Thilak Kumar Government Pleader for R1, R3 and R4 Mr.H.Arumugam for R2

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.P.Thilak Kumar, learned Government Pleader, takes notice for the respondents 1, 3 and 4 and Mr.H.Arumugam, learned counsel takes notice for the second respondent.

2. With the consent of both sides, the writ petition is taken up for final hearing at the admission stage itself.

3. The petitioner seeks a mandamus for shifting of the TASMAC shop situate at Asur National Highways Road.

4. Mr.H.Arumugam, learned counsel appearing for the second respondent would submit that the present location has been cleared by the District Collector in the year 2022 and an appellate remedy is available to the petitioner if he is aggrieved by the location of the shop under the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003. He would also add that the recent representation given by the petitioner on 24.03.2023 has also been rejected by the District Manager and the petitioner can move the District Collector.

5. In view of the above position of law, we do not see any reason to entertain this writ petition. The writ petition stands dismissed. No costs. [R.S.M., J.] [L.V.G., J.] 13.06.2023 NCC : No Index : No Internet : Yes PKN

To

1. The District Collector, Thanjavur District, Thanjavur.

2. The District Tasmac Manager, TASMAC Limited, Thanjavur District, Thanjavur.

3. The Zonal Excise Officer, TASMAC Limited, District Collector Office, Thanjavur District.

4. The Special Tahsildar, EXCISE Department, TASMAC Limited, Kumbakonam, Thanjavur District.

R.SUBRAMANIAN , J.

AND L.VICTORIA GOWRI , J.

PKN 13.06.2023