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Madras High CourtWP(MD)/26432/2025disposed of

Balan N v. The District Collector

2025-09-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Balan ... Petitioner Vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Divisional Excise Officer, Pudukottai District, Pudukkottai.

3.The District Manager, TASMAC, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to continue the functioning the TASMAC retail liquor Shop No.6610 building situate in SF.No.398/18A4 in Patta No.4469 of Vadakadu Village, Alangudi Taluk, Pudukkottai District in the light of the 1/4

proceedings of the first respondent in Na.Ka.e2994099/2025/J2 dated 01.03.2025 and reopen the TASMAC retail liquor Shop No.6610, by considering the petitioner's representation dated 17.09.2025. For Petitioner : Mr.R.Balasubramanian For Respondents : Mr.B.Ramanathan Additional Government Pleader for R.1 & R.2 Mr.H.Arumugam for R.3

ORDER

Heard both sides.

2.The writ petitioner is the owner of the petition mentioned premises. A TASMAC liquor outlet was being operated therein which has now been closed. The District Collector appears to be taking steps to shift the liquor outlet to a nearby building. The petitioner wants this Court to direct the third respondent to maintain the status quo. 3.These are not matters amenable to public law remedies. This Court cannot direct the respondents to continue to run their liquor outlet 2/4

in the petitioner's premises. If the respondents have breached the lease agreement which they entered into with the writ petitioner, the remedy open to the petitioner is something else and elsewhere. The writ petitioner cannot have a specific performance of contract in writ proceedings.

4.With the aforesaid observation, this Writ Petition is disposed of. No costs.

26.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Divisional Excise Officer, Pudukottai District, Pudukkottai.

3.The District Manager, TASMAC, Pudukkottai District.

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G.R.SWAMINATHAN, J.

MGA 26.09.2025 4/4