Ganesan .A v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)No.12462 of 2024 A.Ganesan ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), 5th Floor, CMDA Tower, Egmore, Chennai.

2.The District Collector, Madurai Collectorate, Madurai.

3.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Madurai Region, No.100, Anna Nagar, Sathamangalam, Madurai.

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4.The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Madurai North, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents to permit the petitioner to conduct shop for selling snacks items and for collecting empty bottles from the premises of the TASMAC Retail Shop No.5561 situated at Door No.326/6, Pandi Kovil, Melamadai, Madurai, during the subsistence of the license period from 16.02.2024 to 31.12.2025 by complying with the principles of natural justice, on the basis of the representation dated 26.06.2024. For petitioner : Mr.V.Balaji For respondents : Mr.H.Arumugam, Standing Counsel for R1, R3 & R4 Mr.G.Suriyananth Additional Government Pleader for R2 *****

ORDER

Heard learned counsel for the petitioner, learned Standing Counsel for the respondents 1, 3 & 4 and learned Additional Government Pleader for the second respondent.

2. The petitioner appears to have licence to run a Bar attached to the 2/5

TASMAC retail shop running by the respondents in Shop No.5561, situated at Door No.326/6, Pandi Kovil, Melamadai, Madurai.

3. It is the case of the petitioner that since the petitioner was a successful bidder in the auction held by the respondents for giving bar licence, the petitioner was given the bar licence on 15.02.2024 bearing reference in Na.Ka.No. 10/2024/A3.

4. It is submitted that an attempt has been made by the respondents to close the bar, with a view to establish an elite TASMAC shop.

5. It is submitted that the petitioner has invested in the rental premises by entering into a lease agreement on 01.02.2024 with one Antony Jaya and has invested huge amount for setting up the aforesaid bar. Hence, the petitioner requested for deferring the above by considering and disposing of the petitioner's representation dated 26.06.2024, favourably.

6. I have considered the arguments advanced by the learned counsel for the 3/5

petitioner, the learned Standing Counsel for the respondents 1, 3 & 4 and the learned Additional Government Pleader for the second respondent.

7. Having Considered the submissions made by the learned counsel for the petitioner, the learned Standing Counsel for the respondents 1, 3 & 4 and the learned Additional Government Pleader for the second respondent, this Writ Petition is disposed of by directing the respondents to dispose of the petitioner's representation dated 26.06.2024 as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. Pending such exercise, the petitioner's operation shall not be disturbed. This Writ Petition is disposed of, with above directions. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 28.06.2024 Internet : Yes / No apd To The District Collector, Madurai Collectorate, Madurai.

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C.SARAVANAN, J.

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