Madras High Court
J.Gnanadoss vs The State Rep By Its on 5 July, 2023
W.P(MD)No.6283 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P(MD)No.6283 of 2023
and
W.M.P(MD)No.5964 of 2023
J.Gnanadoss ... Petitioner
-vs-
1. The State rep by its
Additional Chief Secretary,
Home, Excise and Prohibition Department,
Secretariat, Chennai.
2. The District Collector,
O/o. the District Collector,
Virudhunagar District,
Virudhunagar.
3. The District Manager (TASMAC)
O/o. the District Manager (TASMAC),
Virudhunagar District, Virudhunagar.
4. The Assistant Commissioner (Excise),
O/o. the Assistant Commissioner (Excise),
Virudhunagar.
5. The Block Development Officer
O/o. the Block Development Officer,
Thiruchuli, Virudhunagar District.
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W.P(MD)No.6283 of 2023
6. The Thasildar,
O/o. the Tahsildar,
Aruppukottai, Virudhunagar District.
7. The Panchayat President,
Senkulam Panchayat,
Virudhunagar District.
8. S.Selvarani ... Respondents
(R8 was impleaded vide order dated 05.07.2023
made in WMP(MD)No.11798 of 2023)
PRAYER: Petition filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, to direct the Respondents to close
the TASMAC shop in shop number 11910 situated at P.Vagaikulam
Village, Sengulam Post, Aruppukottai Taluk, Virudhunagar District, by
considering the petitioner's representations dated 26.04.2022 and
15.09.2022 within the time stipulated this Court.
For Petitioner : Mr.T.Thirumurugan
For R1 : Mr.P.Thilakkumar, Government Pleader
For R3 : Mr.H.Arumugam
For R5 & R7 : Mr.J.Ashok, Additional Government Pleader
For R8 : Mr.B.Muneeswaran
ORDER
[Order of the Court was made by S.VAIDYANATHAN, J.]
The petitioner has come forward with this writ petition for
issuance of a Writ of Mandamus, directing the respondents to close the
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W.P(MD)No.6283 of 2023
TASMAC Shop No.11910 situated at P.Vagaikulam Village, Sengulam
Post, Aruppukottai Taluk, Virudhunagar District, by considering the his
representations dated 26.04.2022 and 15.09.2022 within a time frame.
2. It is contended by the learned counsel for the petitioner that
since the TASMAC shop in question is situated in the residential area
and causing nuisance to the public, in the light of the judgment of this
Court reported in (2011) Writ Law Reporter 267, The Tamil Nadu
State Marketing Corporation Ltd., vs. R.M.Shah and others, it would
amount to offending the right to life guaranteed under Article 21 of the
Constitution of India and therefore, the aforesaid TASMAC shop has to
be closed.
3. Learned counsel appearing for the TASMAC would submit
that neither the TASMAC shop in question is situated in the residential
area nor Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and
Bars) Rules, 2003, is violated.
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W.P(MD)No.6283 of 2023
4. We cannot go into the factual dispute as to the location of
the TASMAC shop under Article 226 of the Constitution. In the light of
the order passed by this Court in W.P.No.16848 of 2022 dated
04.07.2022, (P.Rajendiran vs. Government of Tamil Nadu), the
petitioner has got right of appeal. Without exhausting the appeal
remedy, the petitioner cannot approach this Court.
5. Hence, this Writ Petition is closed giving liberty to the
petitioner to file appeal under Rule 9-A of the Tamil Nadu Liquor Retail
Vending (in Shops and Bars) Rules, 2003. No costs. Connected
miscellaneous petition is closed.
[S.V.N., J.] [D.B.C., J.]
05.07.2023
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The Additional Chief Secretary,
Home, Excise and Prohibition Department,
Secretariat, Chennai.
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W.P(MD)No.6283 of 2023
2. The District Collector,
O/o. the District Collector,
Virudhunagar District,
Virudhunagar.
3. The District Manager (TASMAC)
O/o. the District Manager (TASMAC),
Virudhunagar District, Virudhunagar.
4. The Assistant Commissioner (Excise),
O/o. the Assistant Commissioner (Excise),
Virudhunagar.
5. The Block Development Officer
O/o. the Block Development Officer,
Thiruchuli, Virudhunagar District.
6. The Thasildar,
O/o. the Tahsildar,
Aruppukottai, Virudhunagar District.
7. The Panchayat President,
Senkulam Panchayat,
Virudhunagar District.
____________
https://www.mhc.tn.gov.in/judis
W.P(MD)No.6283 of 2023
S.VAIDYANATHAN, J.
and
D.BHARATHA CHAKRAVARTHY, J.
bala
W.P.(MD)No.6283 of 2023
05.07.2023
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