K.Bahardeen Ali Ahamed, v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.05.2017 CORAM :
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN and THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.9957 of 2017 and WMP(MD)No.7622 of 2017 K.Bahardeen Ali Ahamed .... Petitioner vs.
1)The District Collector, Madurai District, Madurai.
2)The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC) Anna Nagar, Madurai.
3)The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Madurai.
4)The Assistant Commissioner, Prohibition and Excise, Madurai.
5)The Deputy Superintendent of police, Melur, Madurai District.
.... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to consider the representations of the petitioner dated 24.04.2017 and 22.05.2017 for removal and closure of the TASMAC Shop No.5461 situated in Thiruchunai, Ayyapatti Village, Melur Taluk, Madurai District, as per the order of the Hon'ble Supreme Court in Civil Appeal Nos.12164 to 12166 of 2106, dated 15.12.2014. For Petitioner : Mr.N.Rahamadullah For R1 : Mr.B.Pugalendhi Additional Advocate General assisted by Mr.T.R.Janarthanan Additional Government Pleader For R2 to R4 : Mr.M.Muniasamy For TASMAC
O R D E R (Order of the Court was made by M.V.MURALIDARAN, J.) Mr.B.Pugalendhi, Additional Advocate General takes notice for the first respondent and Mr.T.Muniasamy, learned counsel takes notice for the respondent 2 to 4.
2.By consent of both parties, this Writ Petition itself is taken up for final disposal.
3.The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents to close and remove the TASMAC shop No.5461 situated in Thiruchunai, Ayyapatti Village, Melur Taluk, Madurai District, by considering the representations dated 24.04.2017 and 22.05.2017 respectively and 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 representations dated 24.04.2017 and 22.05.2017 respectively 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 representations dated 24.04.2017 and 22.05.2017 respectively, 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 15.12.2014) 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 provisions of the Tamil Nadu Liquor Retail Vending (In-shops 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. Consequently, connected W.M.P.(MD) No.7622 of 2017 is closed.
Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar.
To 1)The District Collector, Madurai District, Madurai. 2)The Senior Regional Manager,Tamil Nadu State Marketing Corporation Ltd.,(TASMAC) Anna Nagar, Madurai.
3)The District Manager, Tamil Nadu State Marketing Corporation Ltd., (TASMAC), Madurai. 4)The Assistant Commissioner,Prohibition and Excise, Madurai.
5)The Deputy Superintendent of police, Melur, Madurai District.
+1CC to M/S.N.Rahamadullah, Advocate, SR.No. 57850 +1CC to the Special Government Pleader SR.No. 57643 W.P(MD)No.9957 of 2017 and WMP(MD)No.7622 of 2017 cm AM/MR/SAR 4/31.05.2017/3P/8C