Kevin Arachi. Txs v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and WMP(MD)No.15645 of 2022 Mr.T.X.S.Kevin Arachi ... Petitioner vs.

1. The District Collector,

2. The Tamil Nadu State Marketing Corporation Limited (TASMAC), Rep. by its Managing Director, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai-08.

3. The District Manager, The Tamil Nadu State Marketing Corporation Limited (TASMAC), IMFS Depot, Door No. 25/1-No.837 and 25/2-838, Konam, Indl Estate, Nagercoil 629 004, 1/6

4. The Superintendent of Police,

5. The Inspector of Police, Kanyakumari Police Station, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, direct the respondents to permanently Close or Remove the TASMAC Liquor Shop No.4803 and bar attached with liquor shop situated at Kanyakumari-Trivandurm State Highway, Kovalam Road, Siluvai Nagar forthwith by considering petitioner's representation dated 23.02.2022. For Petitioner : Mr.G.Anto Prince For R3 : Mr.H.Arumugam, Standing Counsel For R4 & R5 : Mr.S.Manikandan Government Advocate (Crl.Side)

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents to permanently close or remove 2/6

the TASMAC Liquor Shop No.4803 and bar attached with liquor shop situated at Kanyakumari-Trivandurm State Highway, Kovalam Road, Siluvai Nagar forthwith by considering petitioner's representation dated 23.02.2022.

2.

Today, when the writ petition was taken up for hearing, learned standing counsel appearing for the 3rd respondent produced the proceedings of the District Collector, Kanyakumari District, in Roc.R5/18636/2021 dated 22.10.2021, whereby, the District Collector has granted permission to open the TASMAC Shop No.4803 to run at Building No.6/272-9 at Kovalam Village, Vivekananda Siluvai Nagar, Kanniyakumari, Agastheeswaram Taluk and therefore, the prayer in this writ petition has become infructuous.

3.

Recording the above submission, the Writ Petition is dismissed as infructuous. No costs. If the petitioner is aggrieved by the proceedings of the District Collector, Kanyakumari District, in Roc.R5/18636/2021 dated 22.10.2021, he is at liberty to file appeal 3/6

under Rule 9-A of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. Consequently, connected miscellaneous petition is closed.

[D.K.K.,J.] & [R.V.,J.] NCC : Yes / No 20.01.2023 Index : Yes / No Internet : Yes To

1. The District Collector,

2. The Tamil Nadu State Marketing Corporation Limited (TASMAC), Rep. by its Managing Director, Thalamuthu Natarajan Maaligai, Gandhi Irwin Road, Egmore, Chennai-08.

3. The District Manager, The Tamil Nadu State Marketing Corporation Limited (TASMAC), IMFS Depot, Door No. 25/1-No.837 and 25/2-838, Konam, Indl Estate, Nagercoil 629 004,

4. The Superintendent of Police, 4/6

5. The Inspector of Police, Kanyakumari Police Station, 5/6

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

bala ORDER MADE IN DATED : 20.01.2023 6/6