Madras High Court
M.Arasakalai vs The Secretary To Government on 24 July, 2023
W.P.No.21580 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.21580 of 2023
1. M.Arasakalai
2. S.Sridhar
3. G.Selvaraj .. Petitioners
Vs.
1. The Secretary to Government
Home, Prohibition and Excise Department
Secretariat, Chennai 600 009.
2. The Commissioner
Prohibition and Excise Department
Cheppakkam
Chennai 05.
3. The Managing Director
Tamilnadu State Marketing Ltd.
CMDA Building
Tower-II, Gandhi Irwin Bridge Road
Egmore, Chennai 8.
4. The District Collector
Tiruppur District
Tiruppur.
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W.P.No.21580 of 2023
5. The Senior Regional Manager
Tamilnadu State Marketing Corporation
Coimbatore.
6. The District Manager
Tamilnadu State Marketing Corporation
Tiruppur.
7. The Commissioner
Udumalaipettai Municipality
Tiruppur District.
8. Chidambaranathan
9. Vijayakumar .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking a writ of Mandamus directing the respondents 1 to 7 to
remove the TASMAC shop No.2009 and a bar attached thereto, from
Pasupathi Street, 12th Ward, Udumalaipettai Municipality, Tiruppur
District and relocate the same at any far off unobjectionable place,
consequently direct the respondents 1 to 7 to ensure that the
respondents 8 and 9 to clean and desilt the Holy Well attached with
Arulmighu Sundara Vinayagar Temple, Anusam Nagar, Udumalaipettai
Municipality, Tiruppur District on their cost within the time frame to be
fixed by the Hon'ble Court.
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W.P.No.21580 of 2023
For the Petitioners : Mr.S.Balamurugan
For the Respondents : Mr.P.Muthukumar
State Government Pleader
Assisted by
Mrs.R.Anitha
Special Government Pleader
for Respondents 1, 2 & 4
Mr.G.Sekar
Standing Counsel
for Respondents 3, 5 & 6
Mr.B.Anand
Standing Counsel
for Respondent-7
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.S.Balamurugan, learned counsel for the
petitioners, Mr.P.Muthukumar, learned State Government Pleader,
assisted by Mrs.R.Anitha, learned Special Government Pleader for the
respondents 1, 2 & 4, Mr.G.Sekar, learned Standing Counsel for the
respondents 3, 5 & 6 and Mr.B.Anand, learned Standing Counsel for
the seventh respondent.
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W.P.No.21580 of 2023
2. This public interest litigation is filed for a relief to close down
the TASMAC shop.
3. Learned counsel for the petitioners submits that the TASMAC
shop is located in a residential area and in close proximity to the
temple.
4. If the petitioners have any grievance with regard to the
location of the TASMAC shop, the petitioners can approach the District
Collector in that regard under Rules 8 and 9 of the Tamil Nadu Liquor
Retail Vending (Shops and Bars) Rules, 2003.
5. The said aspect is also considered in the judgment of the Full
Bench of this Court in K.Ramachandran v. The District Collector
[W.P.(MD) Nos.11806 of 2017 and other connected cases dated
14.02.2022].
6. In the light of that, the petitioners may avail the remedy as
may be permissible under law. The public interest litigation, as such, is
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W.P.No.21580 of 2023
dismissed. There will be no order as to costs. Consequently,
W.M.P.No.20952 of 2023 filed by the petitioners to permit them to
file a single writ petition stands allowed and disposed of.
W.M.P.No.20953 of 2023 is dismissed.
(S.V.G., CJ.) (P.D.A., J.)
24.07.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
1. The Secretary to Government
Home, Prohibition and Excise Department
Secretariat, Chennai 600 009.
2. The Commissioner
Prohibition and Excise Department
Cheppakkam, Chennai 05.
3. The Managing Director
Tamilnadu State Marketing Ltd.
CMDA Building
Tower-II, Gandhi Irwin Bridge Road
Egmore, Chennai 8.
4. The District Collector
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W.P.No.21580 of 2023
Tiruppur District
Tiruppur.
5. The Senior Regional Manager
Tamilnadu State Marketing Corporation
Coimbatore.
6. The District Manager
Tamilnadu State Marketing Corporation
Tiruppur.
7. The Commissioner
Udumalaipettai Municipality
Tiruppur District.
https://www.mhc.tn.gov.in/judis
W.P.No.21580 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.P.No.21580 of 2023
24.07.2023
https://www.mhc.tn.gov.in/judis
