Madras High CourtWP(MD)/8878/2017disposed of

A.Periyasamy v. The District Collector

2017-07-18Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8878 of 2017 and W.M.P.(MD)No.9146 of 2017 A.Periyasamy .. Petitioner Vs.

1. The District Collector, Virudhunagar District.

2. The Regional Senior Manager, Tamil Nadu State Marketing Corporation, Virudhunagar District.

3. The District Manager, Tamil Nadu State Marketing Corporation, Virudhunagar District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to forthwith shift the retail vending liquor shop No.12035 at S.No.186/15, Aathithanathal Group, Narikudi Village, Narikudi Post, Virudhunagar District, to any other place in accordance with law without any further delay.

For Petitioner : Mr.C.Jeganathan for M/S.Veera Associates For R - 1 : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

For RR 2 & 3 : Mr.M.Muniyasamy

ORDER

[Order of the Court was made by K.K.SASIDHARAN, J.] The writ petitioner filed this writ petition for issuance of a Writ of Mandamus, directing the respondents to shift the retail liquor shop No.12035 situated at Survey No.186/15, Aathi Thanathal Group, Narikudi Village, Narikudi Post, Virudhunagar District.

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2.The learned standing counsel for TASMAC, on instructions, submitted that during the pendency of the writ petition, the TASMAC closed the shop in question. The third respondent is in the process of re-locating the shop, after obtaining orders from the District Collector, Virudhunagar District.

3.We direct the District Collector, Virudhunagar District to consider the representation submitted by the petitioner, dated 06.05.2017 along with the application said to have been submitted by the TASMAC for opening the outlet. The District Collector shall hear the petitioner and pass a speaking order, taking into account the objection raised by the petitioner.

4.The Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Virudhunagar District.

2. The Regional Senior Manager, Tamil Nadu State Marketing Corporation, Virudhunagar District.

3. The District Manager, Tamil Nadu State Marketing Corporation, Virudhunagar District.

+2ccs to M/s.Veera Associates, SR.Nos.66006, 66323 +1cc to The Special Government Pleader in SR.No.66600 ps/sm AE/MR KKR/SAR1/27.07.2017/2P/7C W.P.(MD)No.8878 of 2017 18.07.2017 https://hcservices.ecourts.gov.in/hcservices/