R.Vincentraj v. The Tamil Nadu State Marketing Corporation Ltd (Tasmac)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and W.M.P.(MD)No.19502 of 2025 R.Vincentraj ... Petitioner /Vs./

1. The Tamil Nadu State Marketing Corporation Ltd (TASMAC), Rep by its Chairman and Managing Director, Thalamuthu Natarajar Building, Egmore, Chennai - 600 008.

2. The District Collector, Collectorate, Tenkasi District.

3. The District Manager, Tamil Nadu State Marketing Corporation Ltd (TASMAC) Tenkasi District.

4. The Tahsildar, Tenkasi Taluk, Tenkasi District.

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5. Azhagu Natchiyar Manamahil Mandram (Recreation Club), Rep by Mr.T.Ramasamy Alias Selvaraj, Aavudaiyanoor to Pavoorsathiram Main Road, Aavudaiyanoor Village, Tenkasi Taluk, Tenkasi District.

... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondent No.1 to 4 to restrain the Respondent No.5 from opening and operating the TASMAC Shop along with recreation club (Bar) namely Azhagu Natchiyar Manamahil Mandram in Survey No.703 situated at Aavudaiyanoor to Pavoorsathiram Prominent Main Road, Aavudaiyanoor Village, Tenkasi Taluk, Tenkasi District in violation of the Tamil Nadu Liquor Retail Vending (in shops and bars) Rules, 2003 without consider the reasonable objection made by the local residence of the petitioner village by considering petitioner's representation dated 22.07.2025 within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.P.Thilak Kumar (R2 & R4) Government Pleader Mr.S.Sivanesan (R1 & R3) Standing Counsel Mr.T.Lajapathi Roy (R5) Senior Counsel for M/s.Lajapathi Roy & Associates

ORDER

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(Order of the Court was made by DR.ANITA SUMANTH, J.) This writ petition is filed seeking a mandamus in anticipation of the 5th respondent opening a TASMAC shop with a recreation club (bar), by the name of 'Azhagu Natchiyar Manamahil Mandram' at Survey No.703 situated at Aavudaiyanoor to Pavoorsathiram Prominent Main Road, Aavudaiyanoor Village, Tenkasi Taluk, Tenkasi District.

2. According to the petitioner, setting up of such a bar is in violation of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 ('Rules'). He has also made a representation and objection to the Assistant Commissioner Prohibition (Excise) and is aggrieved by the fact that those representations have not been heeded thus far.

3. Mr.P.Thilak Kumar, who accepts notice for the respondents 2 and 4, however would point out that there is not even an application received for issue of FL-2 licence, which is a pre-condition for setting up 3/6

the bar.

4. A copy of written instructions from the District Collector, Tenkasi District, in Na.ka.No.S2/1513/2025 dated Nil.09.2025, to aforesaid effect is placed before us. We record the aforesaid. It is clear that the present writ petition is premature. If at all such a proposal should emanate, it is for the petitioner to follow proper procedure as set out under the Rules and for the authorities to scrupulously adhere to the procedure set out therein prior to issuance of the licence.

5. With this, this writ petition is closed. Consequently, connected miscellaneous petition is closed. No costs. [A.S.M.J.,] & [C.K.J.,] 15.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes sm To 4/6

1. The District Collector, Collectorate, Tenkasi District.

2. The Tahsildar, Tenkasi Taluk, Tenkasi District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

sm Order made in Dated:

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