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Madras High CourtWP(MD)/21489/2022dismissed as infructuous

Arun. N v. The District Collector

2022-09-09Honourable Mr Justice Mohammed Shaffiq5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.(MD)No.21489 of 2022 and W.M.P.(MD)No.15640 of 2022 N.Arun ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Managing Director, Tamil Nadu State Marketing Corporation Limited, CMDA, Tower - II, 4th Floor, Gandhi Even Bridge Road, Egmore, Chennai.

3. The District Manager, Tamil Nadu State Marketing Corporation Limited, Madurai North, Madurai.

4. The Commissioner, Madurai Corporation, Aringar Anna Malai, Thallakulam, Madurai.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st Respondent not to approve the establishment / commencement of a liquor vending shop in Door No.15/1, R.S.No.81/1, Kuruvikaran Salai, Santhamangalam, Madurai District until final orders are passed on the Petitioner's statutory objection petition dated 13.06.2022 and 26.08.2022 in terms of Rule 9 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules 2003. For Petitioner :

Mr.M.Mahaboob Athiff For Respondents :

Mr.P.Subbaraj Spl. Govt. Pleader for R1 Mr.H.Arumugam Standing Counsel for R2 and R3 Ms.S.Devasena Standing Counsel for R4

O R D E R

This Writ Petition is filed praying for a Mandamus directing the 1st Respondent not to approve the establishment / commencement of a liquor vending shop in Door No.15/1, R.S.No.81/1, Kuruvikaran Salai, Santhamangalam, Madurai District until final orders are passed on the Petitioner's Statutory Objection Petitions dated 13.06.2022 and 26.08.2022 in terms of Rule 9 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules 2003.

2. Mr.P.Subbaraj, learned Special Government Pleader takes notice for the 1st Respondent, Mr.H.Arumugam, learned Standing Counsel takes notice for the Respondents 2 and 3 and Ms.S.Devasena, learned Standing Counsel takes notice for the 4th Respondent.

3. Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the 1st Respondent circulates an order dated 18.08.2022 granting permission to open liquor vending shop. In view of the fact that the order has already been passed, the present Writ Petition has become infructuous.

4. Accordingly, the Writ Petition is dismissed as infructuous. However, the petitioner is at liberty to challenge the order dated 18.08.2022 if he is so advised, in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is closed.

09.09.2022 Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, Madurai District, Madurai.

2. The Managing Director, Tamil Nadu State Marketing Corporation Limited, CMDA, Tower - II, 4th Floor, Gandhi Even Bridge Road, Egmore, Chennai.

3. The District Manager, Tamil Nadu State Marketing Corporation Limited, Madurai North, Madurai.

4. The Commissioner, Madurai Corporation, Aringar Anna Malai, Thallakulam, Madurai.

MOHAMMED SHAFFIQ, J.

vji and W.M.P.(MD)No.15640 of 2022 09.09.2022