[Cites 2, Cited by 0]
Madras High Court
R.Ganesan vs The District Collector on 16 March, 2026
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.24755 of 2025
and Cont.P.(MD)No.1334 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)No.24755 of 2025
and W.M.P.(MD)Nos.19457 and 27169 of 2025
and Cont.P.(MD)No.1334 of 2025
W.P.(MD)No.24755 of 2025
R.Ganesan ... Petitioner
Vs.
1. The District Collector,
Pudukottai District,
Pudukottai.
2. The District Manager,
TASMAC,
Pudukottai.
3. TP.Karthikeyan
4. T.Karuppiah ... Respondents
PRAYER:- Writ Petitioner – filed under Article 226 of the Constitution
of India praying to issue a Writ of Mandamus forbearing the respondents
1 and 2 from shifting or relocating the TASMAC liquor vending shop
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W.P.(MD)No.24755 of 2025
and Cont.P.(MD)No.1334 of 2025
bearing No.6708, located pursuant to the Rental Agreement dated
23.09.2024 between the petitioner and the second respondent herein.
For Petitioner : Mr.V.R.Shanmuganathan
For Respondents : Mr.D.Sasikumar
Addl. Govt. Pleader for R1
Mr.Veera Kathiravan,
Addl. Advocate General – II,
for Mr.H.Arumugam,
Standing Counsel for R2
Mr.R.Shankar Ganesh for R4
Cont.P.(MD)No.1334 of 2025
T.Karuppaih ... Petitioner
Vs.
1. Visagan I.A.S.,,
Managing Director
Tamil Nadu State Marketing Corporation,
Managing Director Office,
Chennai.
2. Senthil Kumari,
Regional Manager
Tamil Nadu State Marketing Corporation,
Senior Zonal Manager Office, Trichy.
3. Aruna I.A.S.,
District Collector
Pudukottai District,
Pudukottai.
2/10
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W.P.(MD)No.24755 of 2025
and Cont.P.(MD)No.1334 of 2025
4. Vasanthura Devi,
District Manager
Tamil Nadu State Marketing Corporation,
Pudukottai District. ... Respondents
PRAYER:- Contempt Petition filed under Section 11 of the Contempt of
Courts Act, 1971 to punish the contemnors / Respondents for their
deliberate and willful disobedience of the order of this Honorable Court
made in W.P.(MD).No.10853 of 2024 dated 03-06-2024.
For Petitioner : Mr.R.Shankar Ganesh
For Respondents : Mr.Veera Kathiravan,
Addl. Advocate General – II,
for Mr.H.Arumugam,
Standing Counsel for R1, R2 & R4
Mr.D.Sasikumar
Addl. Govt. Pleader for R3
COMMON ORDER
(Order of the Court was made by N.SATHISH KUMAR, J.)
This Writ Petition has been seeking a direction to forbear the
respondents 1 and 2 from shifting or relocating the TASMAC liquor
vending shop bearing No.6708, located pursuant to the Rental Agreement
dated 23.09.2024 between the petitioner and the second respondent
herein.
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and Cont.P.(MD)No.1334 of 2025
2. The brief facts of the cases ares as follows:
Originally, a license was given to run a TASMAC shop to the
third respondent herein viz., T.P.Karthikeyan, which is just opposite to
the present place and his license was expired in the year 2023. Later it
appears that, the Writ Petitioner was granted license to run the TASMAC
Shop.
2.1. At this stage, the 4th respondent herein, viz., T. Karuppiah,
filed a Writ Petition before this Court in W.P. (MD) No. 10853 of 2024,
seeking a writ of Mandamus to restrain the respondents from opening a
TASMAC shop on Okkur-Panniyur Road, Punniavayal Village,
Audiyarkovil Post and Taluk, Pudukkottai District. The 4th respondent
contended that the present location is one of the best sites and that there
has been no objection from the village residents. Therefore, the proposal
by TASMAC to shift the shop is unnecessary. The very plea made in the
earlier Writ Petition filed by the 4th respondent herein was that the
existing shop run by the third respondent should not be shifted and
should continue at the same location. With that intention, the earlier Writ
Petition was filed.
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and Cont.P.(MD)No.1334 of 2025
2.2. In the said Writ Petition, written instructions were
submitted by TASMAC stating that, at present, there was no proposal to
shift the TASMAC shop from its existing location to any other location
until 29.04.2024. In the event that they received any application for
opening a TASMAC shop, the same would be considered in accordance
with the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules,
2003. It now appears that the Writ Petitioner has been granted a license
in accordance with these rules.
2.3. Thereafter, taking advantage of the undertaking given by
TASMAC, the 4th respondent filed a Contempt Petition in Cont. P. (MD)
No. 1334 of 2025. In the said Contempt Petition, this Court directed
TASMAC to re-shift the shop, contending that they had violated the
undertaking previously given before this Court.
3. Heard the learned counsel appearing on either side and
perused the materials available on record.
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and Cont.P.(MD)No.1334 of 2025
4. On perusal of the records, it is evident that, as indicated
above, the entire episode has been orchestrated by the 4th respondent to
satisfy some ulterior motive. Earlier, the 4th respondent had filed a Writ
Petition insisting that the TASMAC shop, situated just opposite to the
proposed location, should not be shifted elsewhere. In the said Writ
Petition, TASMAC submitted written instructions stating that there was
no proposal to shift the shop until 29.04.2024, and further clarified that
any application for a license would be considered strictly in accordance
with the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules,
2003. Subsequently, when the petitioner filed an application to run a
TASMAC shop, a license was duly granted, however, the 4th respondent
sought to obstruct this by filing a Contempt Petition
5. It is relevant to note that the grievance of the contempt
petitioner, viz., the 4th respondent herein, is that the present location
earmarked by TASMAC for opening a shop is allegedly objected to by
the villagers. The fact remains that even at the time of granting the
license to the petitioner, the 4th respondent was summoned, inquiries
were made, and during field inspection, it was found that none of the
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and Cont.P.(MD)No.1334 of 2025
villagers raised any objection. It is also pertinent to note that when the
third respondent operated a shop at the same location until 2024,
approximately 10 to 15 feet away, no objection was raised by anyone,
including the 4th respondent. It was only when the Writ Petitioner about
to start a TASMAC shop in a similar locality, the 4th respondent filed a
Writ Petition, which clearly indicates that the motive is not public
interest but private interest. Hence, we do not find any merit in the
Contempt Petition, and the order passed in Cont. P. by a Co-ordinate
Bench of this Court dated 28.08.2025 shall stand vacated.
6. Accordingly, the Contempt Petition stands closed.
7. As far as the Writ Petition is concerned, it is admitted that
the location proposed for the shop is private property, and the petitioner
has also ensured proper water flow by laying a pipeline between the road
and the proposed site. In such view of the matter, TASMAC officials are
directed to permit the petitioner to operate the shop in accordance with
the applicable rules.
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and Cont.P.(MD)No.1334 of 2025
8. Accordingly, this Writ Petition is allowed and the Contempt
Petition is closed. There shall be no order as to costs. Consequently,
connected miscellaneous petitions are closed.
[N.S.K., J.] & [M.J.R., J.]
16.03.2026
Index :Yes/No
NCC :Yes/No
vsm
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and Cont.P.(MD)No.1334 of 2025
To
1. Managing Director
Tamil Nadu State Marketing Corporation,
Managing Director Office,
Chennai.
2.Regional Manager
Tamil Nadu State Marketing Corporation,
Senior Zonal Manager Office, Trichy.
3. District Collector
Pudukottai District,
Pudukottai.
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and Cont.P.(MD)No.1334 of 2025
N.SATHISH KUMAR, J.
AND
M.JOTHIRAMAN, J.
vsm
and Cont.P.(MD)No.1334 of 2025
16.03.2026
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