P.Tamilmani v. The Regional Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI and W.M.P.(MD).No.16692 of 2019 P.Tamilmani ... Petitioner Vs.

1.The Regional Manager, TASMAC, District Collector Office, Old Building - 1st Floor, DRO Chamber, Tiruchi- PIN-620 001.

2.The District Collector, Thanjavur District, Thanjavur.

3.The District Manager, TASMAC 50/57, TANSIDCO Complex, Najikottai Road, Thanjavur-PIN-613 006 ... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st to 3rd respondents to consider the petitioner's representation dated 14.09.2019 and further direct the 1st and 3rd respondents to not open any liquor shop and Bar near at A.Y.A., Nadar Street (Opposite to Kallupattarai), Thanjavur which is against the rules. For Petitioner : Mr.V.Rajiv Rufus For R1 and R3 : Mr.H.Arumugam For R2 : Mr.A.K.Baskara Pandian Special Government Pleader

O R D E R

(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.V.Rajiv Rufus, learned counsel appearing for the petitioner and Mr.H.Arumugam, learned counsel appearing for the 1/3

first and third respondents and Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the second respondent. 2.By consent on either side, this writ petition is taken up for disposal.

3.The petitioner by this Writ Petition seeks for a direction upon the respondent Nos.1 to 3 to consider his representation and to forbear the third respondent/TASMAC not to locate the liquor shop in the place, which is proposed to be located.

4.According to the petitioner, there is a clear violation of the distance rule and this has been pointed out by his representation.

5.Since we are disposing of this writ petition at the admission stage itself, we refrain from expressing any positive opinion on the averments set out in the affidavit filed in support of this writ petition. Nevertheless, the District Collector, Thanjavur District, should ensure that the location of retail vending shop of TASMAC should not be in violation of the rules, which govern the location.

6.Therefore, we direct the second respondent to consider the petitioner's representation dated 14.09.2018, before any permission is granted to locate the shop.

7.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) Ns To 1.The Regional Manager, TASMAC, District Collector Office, Old Building - 1st Floor, DRO Chamber, Tiruchi- PIN-620 001.

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2.The District Collector, Thanjavur District, Thanjavur.

3.The District Manager, TASMAC 50/57, TANSIDCO Complex, Najikottai Road, Thanjavur-PIN-613 006 +1 CC to M/s.V.RAJIV RUFUS, Advocate ( SR-87795[F] dated 19/09/2019 ) +1 CC to M/s.SPL GP ( SR-88404[F] dated 20/09/2019 ) and W.M.P.(MD).No.16692 of 2019 19.09.2019 KM/(09.10.2019) 3P 6C 3/3