A single-judge bench disposed of a writ petition under Article 226 seeking forbearance from opening a TASMAC shop. The court directed the District Collector to hear the petitioner before granting permission, reiterating that shops require proper planning approval and must conform to zoning regulations.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.12959 of 2017 and W.M.P.(MD).No.10046 of 2017
Thangapandiyan
: Petitioner
Vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Manager, TASMAC Limited, Virudhunagar District, Virudhunagar. : Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to forbear the respondents from shifting/opening the TASMAC Shop No.12046 in Survey No.84/8A, near Indira Nagar Colony, Veeracholan Village, Thiruchuli Taluk, Virudhunagar District, on basis of the petitioner's representation dated 20.06.2017.
For Petitioner : Mr.B.Anandan For Respondent No.1 : Mr..M.Govindan Special Government Pleader For Respondent No.2 : Mr.H.Arumugam For TASMAC
O R D E R ***********
[Order of the Court was made by G.R.SWAMINATHAN, J.]
This writ petition has been filed for forbearing the respondents from opening the Tasmac shop No.12046 in Survey No.84/8A, near Indira Nagar colony, Veeracholan Village, Thiruchuli Taluk, Virudhunagar District. He has already given a https://hcservices.ecourts.gov.in/hcservices/ representation dated 20.06.2017.
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2.It is seen that so far the shop in question has not been opened. It appears that the first respondent has not yet passed any orders granting permission to open the liquor shop in the site in question. We make it clear that the first respondent shall hear the writ petitioner before granting any such permission. We make it clear that we leave open all the issues. We have already held that the Tasmac shops can be housed only in premises that have a proper planning approval and building permit. That apart, the use of the premises must be in conformity with the zoning regulations. Unless all the parameters laid down in law are fulfilled, such shop cannot be opened.
3.With these observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/-
Assistant Registrar(P&A)
/True Copy/
Sub-Assistant Registrar
To
The District Collector, Virudhunagar District, Virudhunagar.
+One cc to Mr.B.Anandan, Advocate, SR.No.76785
+One cc to Mr.H.Arumugam, Advocate, SR.No.76509
tsg
RL/4C/2P/KK/SAR1/8/11/2017
Order made in
W.P.(MD)No.12959 of 2017 and W.M.P.(MD).No.10046 of 2017
dated: 04.09.2017
1 issue framed by the court
Whether the first respondent shall hear the writ petitioner before granting permission to open a liquor shop.
1 provisions across 1 enactments
Thangapandiyan
The District Collector, Virudhunagar District
The District Manager, TASMAC Limited, Virudhunagar District
G.R.SWAMINATHAN
K.K.SASIDHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
