Madras High CourtWP(MD)/24672/2018disposed of

A.Murugesan, S/O.Azhalagar, v. The District Collector,

2019-09-20Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

WP(MD). No.24672 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Tuesday, the Twentieth day of August Two Thousand and Nineteen PRESENT THE HON`BLE MR.JUSTICE M.SATHYANARAYANAN AND THE HON`BLE MR JUSTICE B.PUGALENDHI WP(MD). NO.24672 OF 2018 A.MURUGESAN ... PETITIONER VS 1 THE DISTRICT COLLECTOR, THANJAVUR, THANJAVUR DISTRICT.

2 THE DISTRICT MANAGER, TASMAC, 50/57 TANSIDCO CAMPUS NANJIKOTTAI ROAD, THANJAVUR THANJAVUR DISTRICT. ... RESPONDENTS Petition filed under Article 226 of the Constitution of india, Praying this Court to issue a writ of Mandamus, forbearing the respondents from opening a TASMAC Shop in the building situated in Survey Number 444/3C2A bearing door number 4/2 in Nagai Main Road near Mariamman Koil within Kannithoppu Panchayat limits in Papanasam Taluk, Thanjavur District.

TO Mr.R.Mohamed Riyaz Enrol.No.1793/19, Chamber No.51, Law Chambers, Madurai Bench of Madras High Court Whereas this court hath in order dated 20.08.2019, and made herein appointed Mr.R.Mohamed Riyaz Enrol.No.1793/19, Chamber No.51, Law Chambers, Madurai Bench of Madras High Court as Advocate Commissioner and his remuneration is fixed as Rs.5,000/- (Rupees Five Thousand only). Since the Tamil Nadu State Marketing Corporation Ltd., (TASMAC) is engaged in commercial activities, the remuneration and incidental expenses to the Advocate Commissioner shall be met by the second respondent/TASMAC. https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD). No.24672 of 2018 The Advocate Commissioner is directed to cause a surprise inspection and ascertain as to i) the distance from the TASMAC shop to the nearby Hospitals, Schools, Government Institutions, Places of worship and other places of public importance;

ii) whether the shop is located in consonance with the Tamil Nadu Liquor Retail Vending (Shops and Bars) Rules, 2003 and the directions issued by the Hon'ble Supreme Court in State of Tamil Nadu and others v. K.Balu and another, reported in (2017) 2 SCC 281 ?

iii) whether any bar is attached to the shop in question and if not, how and where the customers consume liquor ? and iv) whether the shop is running in a hygienic condition without causing and inconvenience to the general public? and the report of the Commissioner with photographs shall reach this Court Positively by 16.09.2019.

the matter stands posted on 16.09.2019.

Witness The Hon'ble SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, The Chief Justice of the High Court of Judicature at Madras on Tuesday, the Twentieth day of August Two Thousand and Nineteen (20.08.2019) ASSISTANT REGISTRAR(CS-III) ORDER DATED : 20/08/2019 HEARING DATE : 16.09.2019 ========================== Advocate Commissioner ========================== WP(MD). No.24672 of 2018 Giving direction and etc.

as stated within.

db(CO) TR (30.08.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2