Ambigapathy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2023 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P(MD)No.16309 of 2022 Ambigapathy ... Petitioner Vs.

1.The District Collector Pudukkottai District, 2.The Managing Director Thalamuthu Natarajan Building, 4th Floor, 2nd Block, Egmore,

3.The Southern Regional Manager Devaneyapavaneyar Building, Annasalai, 4.The District Manager TASMAC Limted, 5.The Divisional Exercise Officer, Aranthangi, Pudukkottai District.

6.Vairam .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the first respondent in proceedings in Na.Ka.No.15917/2022/J2, dated 12.09.2022 and quash the same and consequently direct the first respondent not to issue any permission order to open the liquor retail vending shop in Survey No.9/12A1E, Manamelkudi Village and Taluk, Pudukkottai District.

For Petitioner : Mr.A.Arul Jenifer For Respondents : Mr.P.Thilak Kumar - for R1 Government Pleader Mr.H.Arumugam - for R2 to R4 Standing Counsel Mr.S.Packiyamuthu - for R6

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Heard Mr.A.Arul Jenifer, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing for the first respondent, Mr.H.Arumugam, learned Standing Counsel appearing for the respondents 2 to 4 and Mr.S.Packiyamuthu, learned counsel for the sixth respondent.

2. The petitioner is objecting to the shifting of TASMAC shop.

3. The learned counsel for the respondents submitted that the petitioner has got remedy under Tamil Nadu Liquor Vending Rules.

4. In the light of that, we dispose of the Writ Petition with liberty to the petitioner to avail the alternate remedy. In that event, all contentions of the parties are left open.

5. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [S.V.G., C.J.] [C.K., J.] 01.09.2023 Index : Yes / No RM

To 1.The District Collector Pudukkottai District, 2.The Managing Director Thalamuthu Natarajan Building, 4th Floor, 2nd Block, Egmore, 3.The Southern Regional Manager Devaneyapavaneyar Building, Annasalai, 4.The District Manager TASMAC Limted,

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN, J.

RM 01.09.2023