A Division Bench of the Madras High Court comprising Justice T. S. Sivagnanam and Justice S. Anathi, in the case of K. Karunanithi v. The District Collector & Ors. dismissed a petition by observing that Executive Officer has the authority for fixing the location of Liquor shops and that the Court has nothing to interfere in it.
The Bench held that,
“location of a liquor shop is to be decided by the authorities in accordance with the relevant rules/guidelines and it is not for this Court to grant such a relief sought for by the petitioner.”
Factual Background
The petitioner is the liquor shop owner, having a shop and residence in Vellalore Village, Melur Taluk, Madurai District. The District Magistrate of the District passed an order to relocate the said shop in T.Perumalpatti, Thaniyamangalam, Melur Taluk, Madurai District.
Aggrieved by which, the petitioner Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records pertaining to the order of the 1st respondent, dated 14.06.2021 shifting the TASMAC shop from, Uranganpatti Road, Vellalore Village, Melur Taluk, Madurai District to No.3/383, T. Perumalpatti, Thaniyamangalam, Melur Taluk, Madurai District and quash the same.
Court Reasoning & Judgment
The Court considered the petitioner’s representation and finds that the prayer sought by the petitioner is very peculiar. The Court expressed that,
“The petitioner, by way of this writ petition, seeks for a very peculiar relief to quash the order passed by the District Collector.”
The Court further held that the relief sought for cannot be granted, as the location of a liquor shop is to be decided by the authorities in accordance with the relevant rules/guidelines and it is not for this Court to grant such a relief sought for by the petitioner.
Therefore, the Court dismissed the petition and there shall be no order as to costs.
Case Details
Case:- W.P.(MD)No.10868 of 2021
Petitioner:- K.Karunanithi
Respondent:- The District Collector & Ors.
Counsel for Petitioner: - Mr.C.K.M.Appaji
Counsel for Respondent: - Mr.A.K.Manickam
Judge: Justice T. S. Sivagnanam and Justice S. Anathi
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