Madras High Court
Tmt.Balamani vs V.Malaiarasu on 25 January, 2023
W.A.No.2405 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2023
CORAM
THE HONOURABLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.2405 of 2022
Tmt.Balamani .. Appellant
Versus
1.V.Malaiarasu
2.The Regional Manager,
TASMAC, Coimbatore.
3.The District Manager,
TASMAC, Tiruppur.
4. Inspector of Police,
Palladam Police Station,
Tiruppur.
5.Inspector of Police,
Tamil Nadu Prohibition Enforcement Wings-PEW,
Tiruppur.
6.Arunkumar .. Respondents
Prayer: Writ Appeal has been filed under Clause 15 of Letters Patent against the order passed
by the learned Single Judge in W.P.No.3978 of 2022, dated 13.04.2022.
For Appellant : Mr.V.Elangovan
For R2 and R3 : Mr.M.Sekar, Standing Counsel
For R4 & R5 : Mr.P.Muthukumar, State GP
For R1 & R6 : No Appearance
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W.A.No.2405 of 2022
JUDGMENT
(Delivered by The Hon'ble Acting Chief Justice)
The writ appeal is directed against the impugned order passed by the learned Single
Judge in W.P.No.3978 of 2022, dated 13.04.2022.
2. One Mr.Malaiarasu/first respondent herein has filed W.P.No.3978 of 2022 seeking
for issuance of a writ of mandamus directing the District Manager, TASMAC, Tiruppur, to
close the illegal TASMAC shop and bar in TASMAC Shop No.2264, Naranapuram Village,
Sedapalayam Road, Palladam, or to shift to any other place.
3. Brief facts leading to the filing of the writ appeal are stated below:-
Originally, the land belonging to the appellant herein was leased out to the writ
petitioner for a period of 5 years on 17.09.2021. Subsequently, the lease period has been
extended upto 2026 in favour of the writ petitioner. Since the agreement was entered with
the TASMAC to run TASMAC retail vending shop No.2264, it was the claim of the writ
petitioner that he being a lessee of the entire land including the land utilized for the Bar, for
which the sixth respondent was the highest bidder, raised an objection not to give the license
to the sixth respondent. Subsequently, the writ petitioner has filed the above said writ
petition seeking to close the TASMAC shop in question.
4. Learned Single Judge, taking note of the allegation of the writ petitioner that the
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W.A.No.2405 of 2022
sixth respondent has been running the bar illegally, gave direction that the respondent
TASMAC shall find out an alternative place within a period of four months and after finding
alternative place, they should relocate the shop. Aggrieved thereby, fifth respondent in the
writ petition, owner of the land leased out to the writ petitioner, has filed this appeal.
5. Learned counsel for the appellant would submit that since the lease granted in
favour of the writ petitioner was cancelled on 27.06.2022, the appellant has become the
absolute owner of the land in question, therefore, he is entitled to run the shop.
6. Learned counsel for the TASMAC would submit that since the Bar has been
running without getting NOC from the writ petitioner, the order was passed. However, in
view of the fact that the fifth respondent/appellant herein has become absolute owner of the
property, after cancelling the lease granted in favour of the writ petitioner, there is no need to
shift the TASMAC shop in question to any alternative place.
7. Learned counsel for the appellant has also produced a copy of the letter dated
24.11.2012 of the writ petitioner addressed to the second respondent, in which, it is stated
that he has no objection to continue to run the TASMAC shop in the appellant's property,
besides giving assurance that he would not seek for any relief in the present writ appeal. The
said letter dated 24.11.2012 of the writ petitioner is recorded.
8. In view of the above, since the license has already been given to the sixth
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W.A.No.2405 of 2022
respondent to run the TASMAC shop in the appellant's property and that the writ petitioner
has also given no objection for the same, the impugned order giving direction to find out
alternative place is set aside. Consequently, the appellant is entitled to receive the rent from
the respondents 2 and 3/TASMAC.
9. In fine, for the reasons stated above, the writ appeal stands allowed. No Costs.
Consequently, C.M.P.No.18502 of 2022 stands closed.
(T.R., ACJ.) (D.B.C., J.)
25.01.2023
rkm
Index:yes/no
Speaking/non-speaking
To
1.The Regional Manager,
TASMAC, Coimbatore.
2.The District Manager,
TASMAC, Tiruppur.
3. Inspector of Police,
Palladam Police Station,
Tiruppur.
4.Inspector of Police,
Tamil Nadu Prohibition Enforcement Wings-PEW,
Tiruppur.
THE HON'BLE ACTING CHIEF JUSTICE
and
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W.A.No.2405 of 2022
D.BHARATHA CHAKRAVARTHY, J.
rkm
W.A.No.2405 of 2022
25.01.2023
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