Madras High CourtWP(MD)/13736/2023dismissed as infructuous

Santhanam.S v. The District Manager

2024-04-16Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN S.Santhanam ... Petitioner Vs.

1.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Soolakarai, Virudhunagar District.

2.The Supervisor, No.12016, TASMAC Shop, Thayilpatti, Sathur Main Road, Virudhunagar District.

3.The Inspector of Police, Vembakottai Police Station, Vembakottai Taluk, Virudhunagar District.

... Respondents [R3 is suo motu impleaded vide order dated 13.06.2023] Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, directing the respondents to remove the lock and seal and unlock the shop situated at No.2/126/6, Thayilpatti, Sathur Main Road, Virudhunagar District, on the basis of the petitioner's representation dated 26.05.2023, within the time frame fixed by this Court.

Page No. 1 of 4

For Petitioner : Mr.K.Gokul For R1 and R2 : Mr.H.Arumugam Standing Counsel For R3 : Mr.S.Manikandan Government Advocate (Criminal side)

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to remove the lock and seal and unlock the shop situated at No.2/126/6, Thayilpatti, Sathur Main Road, Virudhunagar District, on the basis of the petitioner's representation dated 26.05.2023.

2. It appears that the petitioner was running the bar contrary to the provisions of the Tamil Nadu Liquor Retail Vending (In Bars and Shops) Rules, 2003.

3. The learned Standing Counsel for the respondents 1 and 2 would submit that the relief sought for in the present Writ Petition has become infructuous, as for the very same premises, the petitioner's son namely, S.Rajasekar has given a licence under the provisions of the Tamil Nadu Page No. 2 of 4

Liquor Retail Vending (In Bars and Shops) Rules, 2003 with effect from 14.12.2023 for period up to 31.12.2025, vide the proceedings of the first respondent dated 14.12.2023, bearing reference in Na.Ka.No.A3/0371/2023.

4. In view of the above, this Writ Petition is dismissed as infructuous. No costs.

Index : Yes/ No 16.04.2024 smn2 To 1.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Soolakarai, Virudhunagar District.

2.The Supervisor, No.12016, TASMAC Shop, Thayilpatti, Sathur Main Road, Virudhunagar District.

3.The Inspector of Police, Vembakottai Police Station, Vembakottai Taluk, Virudhunagar District.

Page No. 3 of 4

C.SARAVANAN , J.

smn2 16.04.2024 Page No. 4 of 4