Madras High CourtWP(MD)/22016/2018closed

S.Muthuraj, v. The Govt., Of Tamilnadu,

2019-07-31Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF THE MADRAS HIGH COURT DATE : 31.07.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE B.PUGALENDHI W.P. (MD) NO. 22016 OF 2018 AND W.M.P. (MD) NO. 19972 OF 2018 S.Muthuraj .. Petitioner - Vs -

1. The Government of Tamil Nadu rep. by its Secretary Prohibition & Excise Department Fort St. George, Chennai 600 009.

2. The District Collector Virudhunagar District Virudhunagar.

3. The Managing Director Tamil Nadu State Marketing Corporation Ltd. (TASMAC) Chennai.

4. The Senior Regional Manager Tamil Nadu State Marketing Corporation Ltd. (TASMAC) Madurai.

5. The District Manager Tamil Nadu State Marketing Corporation Ltd. (TASMAC) Virudhunagar.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus orbearing the ___________

respondents from opening new TASMAC shops along with bar in Virudhunagar District.

For Petitioner : Mr. S.Prasanth For Respondents : Mr. A.K.Baskarapandian, Spl. G.P.

For RR-1 & 2 Mr. H.Arumugam for RR-3 to 5

ORDER

(Order of the Court was made by M.Sathyanarayanan, J.) The present writ petition, styled as a public interest litigation, was filed praying for the issuance of a writ of mandamus forbearing the respondents from opening new TASMAC shops along with Bar in Virudhunagar District.

2. Though the prayer is couched with a larger relief, learned counsel appearing for the petitioner, is very much concerned about the location of the TASMAC shop at Injar Village, Saminatham Panchayat, Sivakasi Taluk, Virudhunagar District.

3. Learned standing counsel appearing for respondents 3 to 5, on instructions, submit that the 5th respondent has sent communication dated 14.3.19 to the 3rd respondent in Na.Ka. No.C.V7/258/2019 stating that orders have been passed to close the Shop No.12081 at Door No.2/228, Injar Village, Saminatham Panchayat, Sivakasi Taluk, Virudhunagar District, a copy of which is also produced before this Court.

4. The said communication is taken on file and recorded. In the light of the said development, nothing remains for further adjudication in this writ petition and, accordingly, this writ petition is closed. Consequently, connected miscellaneous petition is also closed. However, there shall be no order as to costs. Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) ____________

1. The Government of Tamil Nadu rep. by its Secretary Prohibition & Excise Department Fort St. George, Chennai 600 009.

2. The District Collector Virudhunagar District Virudhunagar.

+1 CC to M/s.S.PRASANTH, Advocate ( SR-79092[F] dated 01/08/2019 ) +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-79159[F] dated 01/08/2019 ) W.P. (MD) NO. 22016 OF 2018 31.07.2019 GLN JMN(19.08.2019) 3P : 5C ____________