Pitchaivel v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Pitchaivel ... Petitioner vs.
1.The District Collector, The Collectorate, Karur District.
2.The Corporation Commissioner, Corporation Office, Karur District.
3.The Chairman, Tamil Nadu State Marketing Corporation Limited (TASMAC), CMDA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.
4.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Compartment No.1, Ware Housing Corporation, V.S.Vellapatty Post, Karur.
... Respondents 1/6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to close the TASMAC shop Nos.4930 and 4923 functioning opposite to Karur Bus Stand, Karur District on the basis of the petitioner's representation, dated 18.06.2024 within the period stipulated by this Court. For Petitioner : Mr.R.Manoharan For Respondents : Mr.P.Thilak Kumar Government Pleader for R.1 : Mr.K.Balasubramani for R.2 : Mr.H.Arumugam Standing Counsel for R.3 & R.4
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.) The prayer sought for herein is for a Writ of Mandamus, to direct the respondents to close the TASMAC shop Nos.4930 and 4923 functioning opposite to Karur Bus Stand, Karur District on the basis of the petitioner's representation, dated 18.06.2024 within the period stipulated by this Court.
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2.The TASMAC shop Nos.4930 and 4923 have already been located and are functioning nearer to the Karur Bus Stand, Karur at Karur District. However, because of the location of the TASMAC shop, very often there has been a commotion and there were law and order issues, according to the petitioner, which ended in the registration of some First Information Reports in the concerned Police Station also, that being one of the reason, the learned counsel appearing for the petitioner, who make submissions on behalf of the petitioner wants a relocation of the TASMAC shop and in this regard, he has given a representation on 18.06.2024, which has not been considered by the respondents. Therefore, he has approached this Court.
3.Mr.P.Thilak Kumar, learned Government Pleader appearing for the first respondent would submit that the location of the TASMAC shops is not an objectionable area and it is strictly in accordance with Rule 8 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003. When that being so, the petitioner cannot have any plausible reason or ground to oppose such a location of the TASMAC shop.
4.We have considered the said submission made by both sides, anyhow, since there has been a representation of the petitioner, dated 3/6
18.06.2024, which if the first respondent/the District Collector wants to consider, let him consider the same and pass orders thereon, on merits and in accordance with law.
5.With this observation, the Writ Petition is disposed of. However, there shall be no order as to costs. [R.S.K.,J.] [G.A.M.,J.] 29.07.2024 NCC : Yes / No Index : Yes / No ps 4/6
To 1.The District Collector, The Collectorate, Karur District.
2.The Corporation Commissioner, Corporation Office, Karur District.
3.The Chairman, Tamil Nadu State Marketing Corporation Limited (TASMAC), CMDA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.
4.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Compartment No.1, Ware Housing Corporation, V.S.Vellapatty Post, Karur.
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R.SURESH KUMAR ,J.
and G.ARUL MURUGAN,J.
ps ORDER MADE IN DATED : 29.07.2024 6/6