Nehru .K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P(MD).No.16720 of 2022 K.Nehru ... Petitioner Vs.

1.The District Collector, 2.The Superintendent of Police, 3.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Madurai District.

4.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), 5.The Tahsildhar, 6.The Inspector of Police, Palayanoor Police Station, 7.The Inspector of Police, Tamil Nadu Prohibition Enforcement Wing-PEW,

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to consider the petitioner's representation, dated 10.09.2022 within a time frame that may be stipulated by this Court and directing the Respondents to close the illegal TASMAC bar in TASMAC Shop No.7512 at Palayanoor, nearby Palayanoor Police Station, Thiruppuvanam Taluk, Sivagangai District. For Petitioner : Mr.R.Udhayakumar For R1 & R5 : Mr.P.Subbaraj Special Government Pleader For R2, R6 & R7 : Mr.R.M.Anbunithi Additional Public Prosecutor For R3 & R4 : Mr.H.Arumugam Standing Counsel

ORDER

This writ petition has been filed praying for a writ of Mandamus directing the 1st Respondent to consider the Petitioner's representation, dated 10.09.2022 and directing the Respondents to close the illegal TASMAC bar in TASMAC Shop No.7512 at Palayanoor, nearby Palayanoor Police Station, Thiruppuvanam Taluk, Sivagangai District.

2. Mr.P.Subbaraj, learned Special Government Pleader takes notice for the Respondents 1 and 5, Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the Respondents 2, 6 and 7 and Mr.H.Arumugam, learned Standing Counsel takes notice for the Respondents 3 and 4. 2/6

3. The Petitioner is a resident of Palayanoor village, which falls within the jurisdiction of the 6th Respondent Police Station.

4. It is submitted by the learned counsel for the Petitioner that the Respondents 3 and 4 have allegedly opened TASMAC Shop No.7512 at Palayanoor, nearby Palayanoor Police Station, Thiruppuvanam Taluk, Sivagangai District. It is also submitted that the said TASMAC shop is being run illegally without any licence.

5.The Petitioner had submitted his representation before the Respondents 1, 2, 4 and 5 on 10.09.2022, the same did not evoke any response. Consequently, the Petitioner filed this writ petition for a writ of Mandamus directing the 1st Respondent to consider and pass order on the representation of the Petitioner. The learned Special Government Pleader for the 1st Respondent submitted that the representation would be considered.

6. In view of the above, it is open to the Petitioner to place all relevant materials before the 1st Respondent in support of his representation. The 1st Respondent is directed to consider the representation of the Petitioner, dated 10.09.2022 within a period of four weeks from the date of receipt of copy of 3/6

this order after taking into account all materials that may be placed by the Petitioner and after granting a reasonable opportunity to the Petitioner and all interested parties.

7. The writ petition stands disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 26.09.2022 Index : Yes / No Internet : Yes/ No sn To 1.The District Collector, 2.The Superintendent of Police, 3.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), Madurai District.

4.The District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC), 5.The Tahsildhar, 4/6

6.The Inspector of Police, Palayanoor Police Station, 7.The Inspector of Police, Tamil Nadu Prohibition Enforcement Wing-PEW, 5/6

MOHAMMED SHAFFIQ, J.

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