Madras High Court
Suresh Kumar vs The District Collector on 11 May, 2022
W.P.(MD) No.9753 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.(MD) No.9753 of 2022
and
W.M.P.(MD) No.6987 of 2022
Suresh Kumar ... Petitioner
-vs-
1.The District Collector,
Thanjavur District,
Thanjavur.
2.The Managing Director,
Tamil Nadu State Marketing Corporation Ltd.,
CMDA Towers-2, 4th Floor,
Gandhi Irwin Bridge Road, Egmore, Chennai.
3.The District Manager,
Tamil Nadu State Marketing Corporation Ltd.,
Nanjikotai Road, SIDCO, Thanjavur.
4.The Assistant Commissioner of Excise,
Thanjavur,
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W.P.(MD) No.9753 of 2022
Department of Prohibition and Excise,
Thanjavur District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
writ of mandamus to direct the 1st respondent to not approve the
establishment/commencement of a liquor vending shop at Plot No.14, 15 and 16
in Survey No.13/2D & 184/2, Lee Lee Nagar, Arasur Village, Thanjavur District
by considering the petitioner's statutory objection dated 09.04.2022 in terms of
Rule 8(3) of the Tamil Nadu Liquor Retail Vending (In shops and bars) Rules,
2003 and consequently direct the respondents 1 and 4 to ensure that the liquor
vending shop is not operated till a final order is made in the said application.
For Petitioner : Mr.M.Mahaboob Athiff
For R1 & R4 : Mr.M.Siddharthan
Additional Government Pleader
For R2 & R3 : Mr.H.Arumugam
Standing Counsel
ORDER
[Order of the Court was made by KRISHNAN RAMASAMY, J.]
By consent, this writ petition is taken up for disposal at the admission stage
itself.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.9753 of 2022
2. The writ petition is filed as Public Interest Litigation to direct the first
respondent not to approve the establishment of liquor vending shop in survey
Nos.13/2D and 184/2, Lee Lee Nagar, Arasur Village, Thanjavur District, based
on the petitioner's objection dated 09.04.2022.
3. It is the grievance of the petitioner that the first respondent is proposed
to set up a liquor shop in violation of the Government Order issued by the Central
Government, dated 01.06.2017 and also in violation of the judgment of the
Hon'ble Supreme Court in C.A.Nos.12164-12166 of 2016 (State of Tamil Nadu
vs. K.Balu). Proposed/establishment of a TASMAC shop in the aforesaid survey
number would cause prejudice to the general public, as it is proposed to establish
near the National Highway and temples and as such nuisance is caused to the
general public and the vehicles crossing the National Highway. In this regard, the
petitioner made his objections. Since no action has been taken on the said
objections, the petitioner is before this Court with the present writ petition.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.9753 of 2022
4. Heard Mr.M.Mahaboob Athiff, learned counsel for the petitioner;
Mr.M.Siddharthan, learned Additional Government Pleader for respondents 1 and
4; and Mr.H.Arumugam, learned Standing Counsel for respondents 2 and 3.
5. Considering the relief sought for in the writ petition, without going into
the merits of the matter, the respondents are directed to consider objections dated
09.04.2022 raised by the petitioner and dispose of the same and pass appropriate
orders on merits and in accordance with law, as expeditiously as possible,
preferably, within a period of four weeks from the date of receipt of a copy of this
order.
6. The writ petition is disposed of with the above direction. No costs.
Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [K.R., J.]
11.05.2022
Index : Yes / No
Internet : Yes
abr/RR
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.9753 of 2022
To
1.The District Collector,
Thanjavur District,
Thanjavur.
2.The Managing Director,
Tamil Nadu State Marketing Corporation Ltd.,
CMDA Towers-2, 4th Floor,
Gandhi Irwin Bridge Road, Egmore, Chennai.
3.The District Manager,
Tamil Nadu State Marketing Corporation Ltd.,
Nanjikotai Road, SIDCO, Thanjavur.
4.The Assistant Commissioner of Excise,
Thanjavur,
Department of Prohibition and Excise,
Thanjavur District.
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https://www.mhc.tn.gov.in/judis
W.P.(MD) No.9753 of 2022
D.KRISHNAKUMAR, J.
and
KRISHNAN RAMASAMY, J.
abr/RR
W.P.(MD) No.9753 of 2022
11.05.2022
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https://www.mhc.tn.gov.in/judis
