Sathya Prakash. S v. The State Rep By Its Additional Chief Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and WMP(MD)No.16508 of 2023 S.Sathya Prakash ... Petitioner vs.

1. The State rep by its Additional Chief Secretary, Home, Excise and Prohibition Department, Secretariat, Chennai.

2. The District Collector, O/o.The District Collector, Ramanathapuram District, Ramanathapuram.

3. The Assistant Director, O/o.The Assistant Director of Panchayat, Ramanathapuram District.

4. The District Manager , Tamil Nadu State Marketing Corporation (TASMAC), Ramanathapuram District.

5. The Block Development Officer Mandabam, Ramanathapuram District.

Page No.1 of 4

6. The Panchayat President Perungulam Panchayat, Ramanathapuram District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to close the TASMAC Shop (No.6995) situated at Perungulam Village, Ramanathapuram District, by considering the resolution passed by the 5th respondent dated 15.08.2022 and 02.10.2022 and the petitioner's representation dated 15.10.2022 within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For R1 to R3 : Mr.P.Thilakkumar, Government Pleader For R4 : Mr.S.Sivanesan For R5 & R6 : Mr.J.Ashok, Additional Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH, J.) On the ground that the TASMAC Shop No.6995 situate at Perungulam Village, Ramanathapuram District, is very close to the Government Law College and that the Panchayat has passed a resolution on 02.10.2022 to shift the TASMAC shop, the petitioner who claims to be a villager of Perungulam Village, has filed the present Public Interest Litigation. Page No.2 of 4

2.

The 2nd respondent / District Collector, Ramanathapuram District, has filed a status report, in which, it is stated that the Government Law College, which was earlier functioning from a temporary premises, has now been shifted to a permanent building at Kudhakottai Village on 12.08.2024. It is also stated that there are no religious places of worship or educational institution within 100 meters radius of the said TASMAC outlet and that the said shop's establishment is in compliance of the provisions of the Tamilnadu Liquor Vending (Shops and Bars) Rules, 2003.

3.

In view of the same, the apprehension of the petitioner that the college students are exposed to the TASMAC shop, which was at a close proximity, has now been redressed and hence no further orders are required. 4.

Accordingly, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. (M.S.R, J.) (A.D.M.C, J.) 03.12.2024 Index : Yes / No : Yes / No bala Page No.3 of 4

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

bala To

1. The Secretary to Government, Land Administration, Chennai.

2. The Commissioner of Land Administration, Chepauk, Chennai-5.

3. The District Collector, Madurai.

4. The District Revenue Officer, Melur, Office at Y.Othakadai, Madurai.

5. The Revenue Divisional Officer, Melur, Office at Y.Othakadai, Madurai District.

6. The Tahsildar, Madurai South Taluk, Madurai District.

ORDER MADE IN DATED : 03.12.2024 Page No.4 of 4