Madras High CourtWP(MD)/9427/2017disposed of

Kanagaraj, v. The District Collector

2017-05-24Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN and THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.9427 of 2017 Kanagaraj .... Petitioner vs.

1)The District Collector, Kanyakumari District, at Nagercoil.

2)The District Manager, TASMAC, Nagercoil, Kanyakumari District.

.... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, forbearing the respondent from establishing TASMAC shop at Pilanthoppuvilai, Painkulam Post, Kanyakumari district by considering the representation of the petitioner dated 24.04.2017.

For Petitioner : Mr.S.C.Herold Singh For R1 : Mr.B.Pugelendhi, Additional Advocate General, assisted by Mr.T.R.Janarthanan, Additional Government Pleader.

For R2 : Mr.M.Muniasamy

ORDER

(Order of the Court was made by M.V.MURALIDARAN, J.) Heard Mr.S.C.Herold Singh, learned counsel appearing for the petitioner, Mr.B.Pugelendhi, Additional Advocate General, assisted by T.R.Janarthanan, Additional Government Pleader appearing for the 1st respondent and Mr.M.Muniasamy, learned counsel appearing for the 2nd respondent.

2.By consent of both parties, this Writ Petition itself is taken up for final disposal.

3.Though the prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondent from establishing TASMAC shop at Pilanthoppuvilai, Painkulam Post, Kanyakumari district by considering the representation of the petitioner dated https://hcservices.ecourts.gov.in/hcservices/

24.04.2017 when the writ petition was taken up for hearing, learned counsel for the petitioner submitted that it is suffice, if a direction is issued to the 1st respondent to consider the representation of the petitioner dated 24.04.2017 and pass orders within a time frame to be fixed by this Court. 4.In view of the limited relief sought for, the 1st respondent is directed to consider the representation of the petitioner dated 24.04.2017 in the light of the judgment of the Hon'ble Supreme Court in State of Tamil Nadu and others vs. K.Balu and another (Civil Appeal Nos.12164 to 12166 of 2016, dated 31.03.2017) followed by the First Bench of the Principal Seat of this Court in D.Ramesh vs. The District Collector, Namakkal District, Namakkal and two others(W.P.No.9373 of 2017, decided on 18.04.

2017) and also in accordance with the Tamil Nadu Liquor Retail Vending (Inshops and Bars) Rules, 2003 framed under the Tamil Nadu Prohibition Act, 1937 and pass appropriate orders on merits and in accordance with law after affording an opportunity of personal hearing to the parties concerned, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1)The District Collector, Kanyakumari District, at Nagercoil.

2)The District Manager, TASMAC, Nagercoil, Kanyakumari District.

+1 cc to Mr.S.C.Herold Singh , Advocate in SR.No. 57070 +1 cc to Special Government Pleader, SR.No.57652 cm AE/MR/SAR3/31.05.2017/2P/5C W.P(MD)No.9427 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 24.05.2017