Madras High CourtWP(MD)/15667/2024disposed of

Subramanian v. The Managing Director

2024-12-02Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.15667 of 2024 & WMP.Nos. 13665 & 18026 of 2024 Subramanian ... Petitioner /vs./ 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Chennai - 600 008.

2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC) No: Anna Nagar, Madurai - 20.

3.The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tirunelveli & Tenkasi.

4.The Commissioner, Office of the Commissionerate of Prohibition and Excise Department, Government of Tamil Nadu, Chepauk, Chennai - 600 005. ... Respondents (R4 is Suo Motu impleaded vide Court order dated 07.11.2024 in W.P (MD).No. 15667 of 2024) 1/4

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus forbearing the respondent No.2 and 3rd from closing the TASMAC Retail Shop No.10673 of the respondents 2 and 3 thereby indirectly closing the petitioner bar located within the TASMAC retail Shop No.10673 located at Door No.193, Rajapalayam Road, Sankaran Kovil till the bar license period from 15.12.2023 to 13.12.2025 is subsisting based on my representation dated 29.06.2024 and pass such other orders. For Petitioner : M/s.Meenakshi Ramaprabhu C.

For Respondents: Mr.S.Sivanesan for RR1 & 3 Standing Counsel : Mr.R.Suresh Kumar for R4 Additional Government Pleader

ORDER

This writ petition has been filed to forbear the second and third respondent from closing their TASMAC retail shop which thereby indirectly supposed to close the bar of the petitioner till the license period.

2. An instruction had been received from the newly impleaded fourth respondent to the Additional Government Pleader indicating that the shops have been closed now and is proposed to be shifted to a different location to avoid public disturbances.

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3. Since, the petitioner had been the successful bidder in the tender and had only completed one year and his license period is to expire only in the month of December 2025, while relocating the shop, the petitioner shall be given a right to run the bar abutting the said TASMAC shop.

4. With the aforesaid direction, this Writ Petition is disposed of. It is made clear that for the remaining period of the license only, the petitioner has the right to run the bar. However, there shall be no order as to costs. Consequently connected Miscellaneous Petitions are closed. Index : Yes / No 02.12.2024 Internet : Yes / No gba 3/4

K.KUMARESH BABU, J.

Gba To 1.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Chennai - 600 008.

2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC) No: Anna Nagar, Madurai - 20.

3.The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Tirunelveli & Tenkasi.

4.The Commissioner, Office of the Commissionerate of Prohibition and Excise Department, Government of Tamil Nadu, Chepauk, Chennai - 600 005.

W.P.(MD) No.15667 of 2024 & WMP.Nos. 13665 & 18026 of 2024 02.12.2024 4/4