Madras High Court
T.Kugan vs The Managing Director on 7 March, 2022
W.P.No.5091 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
W.P.No.5091 of 2022
T.Kugan ...Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Marketing Corporation Ltd.,
CMDA Tower – II, 4th Floor, No.8,
Gandhi Irwin Road, Chennai – 600 008.
2.The District Manager,
Tamil Nadu Ware Housing Corporation,
Katpadi Road,
Vellore,
Tamil Nadu – 632 004.
3.The District Collector,
Collectorate,
Vellore – 632 009. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus, directing the third respondent
to shift and relocate the TASMAC shop located in NH 46, Chennai
Bangalore Highway, Pallikonda, Vellore District.
For Petitioner : Mr.L.Dhamodharan
For R1 & R2 : Mr.K.Sathish Kumar
Standing Counsel
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Page 1 of 8
W.P.No.5091 of 2022
For R3 : Mr.S.Ravichandran
Additional Government Pleader
*****
ORDER
The prayer sought for herein is for a Writ of Mandamus, to
direct the third respondent to shift and relocate the TASMAC shop
located in NH 46, Chennai Bangalore Highway, Pallikonda, Vellore
District.
2. There is a TASMAC shop functioning at NH 46, Chennai –
Bangalore Highway, Pallikonda, Vellore District adjacent to or very
nearer or opposite to the petitioner's School.
3. Because of the running of the TASMAC retail vending shop,
very nearer to the petitioner's school, it creates lot of nuisance and
hindrance to the school children and the teaching and non-teaching staff,
who attend the school everyday, because always there has been a
gathering or crowd in front of the school. Therefore, in order to re-locate
the said TASMAC retail vending shop, the petitioner had given a
representation on 23.09.2021 to the 3rd respondent, District Collector,
who is the competent Authority to decide the location of IMFL retail
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W.P.No.5091 of 2022
vending shop. However, the said representation according to the learned
counsel for the petitioner has not so far been considered.
4. Mr.L.Dhamodharan, learned counsel for the petitioner in this
regard would submit that photographs have been filed before this Court
in the typed set of documents, which shows the gathering of consumer,
who come and take liquor from the said TASMAC shop, who are
gathering in front of the school, which is very nearer or very closer to the
school compound.
5. Therefore, he seeks indulgence of this Court to issue a
direction by way of mandamus to the 3rd respondent to consider the
representation of the petitioner's school and decide it, in accordance with
law at the earliest.
6. Heard Mr.S.Ravichandran, learned Additional Government
Pleader appearing for the respondents 1 and 2, who on instructions
would submit that, the Rule 8 and Rule 9 of the Tamil Nadu Liquor
Retail Vending (in Shops and Bars) Rules, 2003 has been amended and
as per the amended rule, if any objection comes from any quarter from
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W.P.No.5091 of 2022
the public, that shall be first considered by the District Collector concern,
who is the competent authority to decide the location of the IMFL shop
and then only, the location must be cleared. This position has been
reiterated in a recent judgment of a Division Bench of this Court in the
matter of K.Ramachandran Vs. The District Collector,
Ramanathapuram District and others made in W.P.(MD).No.11806
of 2017 etc., batch dated 14.02.2022.
7. In view of the said legal position and on the basis of the
amended rule, the representation now has been submitted by the
petitioner's school to the 3rd respondent, District Collector would be
considered and decided on merits and in accordance with law.
8. I have considered the said submission made by the learned
counsel appearing for the parties and have perused the materials placed
before this Court.
9. The photographs filed by the petitioner's side disclose that
definitely there would be some nuisance to the school going children as
the IMFL shop, which is in question seems to have been located very
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W.P.No.5091 of 2022
adjacent or nearer to the school, where the consumers who want to take
liquor from the said shop are gathering in front of the school and this is
evidenced from the photographs filed before this Court.
10. If that being so, it seems that there would not be any
conducive atmosphere for the school faculties especially in front of the
school campus, where the children who are going to school are subjected
to some hindrance and nuisance, which would be a vulnerable issues, to
be looked into by the District Collector, while deciding the said
application submitted by the petitioner's side.
11. In that view of the matter, this Court is inclined to dispose
of this writ petition with the following orders :
● That there shall be a direction to the 3rd respondent to
consider the representation of the petitioner dated
23.09.2021 and decide it by considering it
objectively within the meaning of the amended rule
referred to above and by taking into account the
aforestated observation made by this Court in this
order that the school going children at any cost
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W.P.No.5091 of 2022
should not be affected or no nuisance or
inconvenience to be caused to the school children.
Hence, accordingly a pragmatic decision shall be
taken to relocate the shop at the earliest by the 3rd
respondent District Collector, by disposing the said
application of the petitioner and the needful can be
undertaken by the 3rd respondent as indicated above
within a period of six weeks from the date of receipt
of a copy of this order.
12. With these observations and directions, this Writ Petition is
disposed of. No costs.
07.03.2022
Internet : Yes / No
Index : Yes / No
Speaking order / Non Speaking order
sp/mp
https://www.mhc.tn.gov.in/judis
W.P.No.5091 of 2022
To
1.The Managing Director,
Tamil Nadu State Marketing Corporation Ltd.,
CMDA Tower – II, 4th Floor, No.8,
Gandhi Irwin Road, Chennai – 600 008.
2.The District Manager,
Tamil Nadu Ware Housing Corporation,
Katpadi Road,
Vellore,
Tamil Nadu – 632 004.
3.The District Collector,
Collectorate,
Vellore – 632 009.
https://www.mhc.tn.gov.in/judis
W.P.No.5091 of 2022
R.SURESH KUMAR, J.
sp/mp
W.P.No.5091 of 2022
07.03.2022
https://www.mhc.tn.gov.in/judis
