Jeyasingh, v. The Senior Divisional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].Nos.20012 of 2018 and W.M.P.(MD).Nos.17796 and 17797 of 2018 Jeyasingh : Petitioner Vs.

1. The Senior Divisional Manager, TASMAC, Plot No.100, Anna Nagar, Madurai 625 020.

2. The District Collector, Nagercoil, Kanyakumari District.

3. The District Manager, TASMAC, Senbagaramanputhur, Nagercoil, Kanyakumari District.

4. The Revenue Divisional Officer, Padmanabapuram Division, Thuckalay, Kanyakumari District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent not to open TASMAC Liquor Shop, by name, Manmahil Mandram [Recreation Club], near Tiruvattar Bus Stand and Tiruvattar Athikesava Perumal Temple Nanthavanam, Kalkulam Taluk, which is against the Rules.

For petitioner : Mr.V.Rajiv Rufus For respondents 2&4 : Mr.N.Shanmugaselvam Additional Government Pleader For Respondents 1&3 : Mr.B.Jameel Arasu Standing Counsel

O R D E R

*********** [Order of the Court was made by M.M.SUNDRESH, J.] Today, when the Writ Petition is taken up for admission, it is reported by the learned Standing Counsel appearing for the https://hcservices.ecourts.gov.in/hcservices/

respondent Nos.1 and 3 that the Competent Authority to take action in this regard is the Assistant Commissioner, Excise, since even according to the petitioner, the liquor is being served in a club and therefore, the Rules governing the TASMAC Shop will not be applicable to the case on hand.

2. In such view of the matter, the Writ Petition stands closed, giving liberty to the petitioner to file a fresh Writ Petition. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Senior Divisional Manager, TASMAC, Plot No.100, Anna Nagar, Madurai 625 020.

2. The District Collector, Nagercoil, Kanyakumari District.

3. The District Manager, TASMAC, Senbagaramanputhur, Nagercoil, Kanyakumari District.

4. The Revenue Divisional Officer, Padmanabapuram Division, Thuckalay, Kanyakumari District.

+ 1 CC TO Mr.V.RAJIV RUFUS, ADVOCATE IN SR No. 85245 + 1 CC TO Mr.B.JAMEEL ARASU, ADVOCATE IN SR No. 85415 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 85646 NB TE/SV/SAR-4 : 10/10/2018 : 2P/8C ORDER MADE IN W.P.[MD].Nos.20012 of 2018 19.09.2018 https://hcservices.ecourts.gov.in/hcservices/