Dismissed

Dravida Munnetra Kazhagam v. Government of Tamilnadu

Madras HC13 Dec 2018WP/10564/2017

Case brief

AI extract

What is this about?

High Court heard two writ petitions challenging orders regarding road classification for excise purposes. Noting a Supreme Court judgment and subsequent clarification, the court held no cause of action remained. Petitions were dismissed with liberty to file specific complaints for alleged violations.

What did the court decide?

The present PIL writ petitions are dismissed with liberty to the petitioners to file a specific complaint before the Competent Authority in case of violation.

Dravida Munnetra Kazhagam Vs Government of Tamilnadu — Writ and Judicial Review | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.12.2018

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CORAM

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THE HONOURABLE DR.JUSTICE VINEET KOTHARI AND THE HONOURABLE Dr.JUSTICE ANITA SUMANTH

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W.P.Nos.10564 and 10572 of 2017 and W.M.P.Nos.11481 to 11483, 11486 & 11487 of 2017

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W.P.No.10564 of 2017

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Dravida Munnetra Kazhagam rep.by its Organisation Secretary R.S.Bharathi DMK Head Quarters Anna Arivalayam 367 & 369 Anna Salai Chennai- 600 018. Petitioner Vs 1 Government of Tamilnadu Rep. by the Chief Secretary Secretariat Fort St. George Chennai-9. 2 The Secretary to Government Home Prohibition and Excise Department Secretariat Fort St. George Chennai-9. 3 The Secretary to Government Highways and Minor Ports Department Secretariat Fort St. George Chennai-9. 4 The Secretary to Government Municipal Administration and Water Supply Department Secretariat Fort St. George Chennai-9. 5 The Commissioner of Municipal Administration Ezhilagam Annexe Building - VI Floor Chepauk Chennai-5.

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https://hcservices.ecourts.gov.in/hcservices/

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6 The Director General of Police Government of Tamilnadu Kamarajar Salai Mylapore Chennai-4. Respondents

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Prayer: Writ Petition filed under Article 226 of the
Constitution of India seeking issuance of a writ of
certiorarified mandamus calling for the records pertaining the
impugned order letter in Na.Ka.No.29727/2016/C3 dated
21.04.2017 sent by the 5th respondent, to all commissioners of
Municipal Corporations and Municipalities in the State of
Tamilnadu and quash the same, consequently forbear the
respondents from anyway and in any manner converting Roads
under NHAI National Highways (NH), State Highways, District
Main Roads, Panchayat Roads and other roads of the District to
any other classification under the control or maintenance of any
local bodies such as Corporations, Municipalities, etc. with an
intention to nullify the order dated 15.12.2016 passed in Civil
Appeal Nos.12164 to 12166 of 2016 passed by the Honourable
Supreme Court, reported in (2017) 2 SCC 281 and the modification
order dated 31.3.2017.
W.P.No.10572 of 2017
K.Balu
President
Advocates' Forum for Social Justice
No.156, Thambu Chetty Street
Chennai-600 001 Petitioner
Vs
1 The State of Tamilnadu
Rep.by the Chief Secretary to Government
Secretariat Fort St. George
Chennai-600 009
2 The Principal Secretary to the Government
Home Prohibition & Excise Department
Secretariat Fort St. George
Chennai-600 009
3 The Principal Secretary to Government
Department of Highways
Secretariat Chennai-600 009
4 The Principal Secretary to Government
Department of Municipal Administration &
Water Supply Secretariat Chennai-600 009

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https://hcservices.ecourts.gov.in/hcservices/

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5 The Commissioner for Municipal Administration Department of Municipal Administration Chepauk Chennai-600 005 6 TASMAC Ltd. Rep.by its Managing Director 4th Floor CMDA Tower Gandhi Irwin Bridge Egmore Chennai-600 008

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7 The Union of India Rep. by its Secretary to the Government Ministry of Road Transport and Highways Transport Bhawan Parliament Street New Delhi-110 001 8 The Project Director National Highways Authority of India Sri Tower 3rd Floor DP 34(SP) Industrial Estate Guindy Chennai-600 032 Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records relating to the impugned proceedings made in Na.Ka.No.29727/2016/E3 dated 21.4.2017 issued by the 5th respondent and quash the same, consequently forbear the respondents 1 to 6 from establishing or locating any liquor vending shops along the National and State Highways in the State of Tamil Nadu by converting the National and State Highways as roads of concerned Corporations, Municipalities and Local Body areas.

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For petitioner in W.P.10564/2017 :Mr.P.Wilson, Senior Counsel for Mr.R.Neelakandan

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For petitioner in W.P.10572/2017 : Mr.M.R.Jothimanian

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For RR1 to 6 in W.P.10564/2017 & For RR1 to 5 in W.P.10572/2017 : Mr.Karthikeyan, AGP For R6 in W.P.10572/2017 : Mr.K.Sathishkumar

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For RR7 & 8 in W.P.10572/2017 : Mr.G.Karthikeyan, Assistant Solicitor General

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https://hcservices.ecourts.gov.in/hcservices/

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COMMON ORDER

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(Order of the court was made by Dr.VINEET KOTHARI, J.)

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In view of the judgment of the Honourable Supreme Court dated 15.12.2016 in Appeal Nos.12164 to 12166 of 2016 and the later clarification vide order dated 11.7.2017 in Interlocutory Application in the aforesaid Civil Appeals, the learned counsels at Bar jointly submits that nothing survives in the present PIL writ petitions.

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Therefore, the present PIL writ petitions are dismissed with liberty to the petitioners to file a specific complaint before the Competent Authority under Excise Law, in case any violation of the directions of the Supreme Court is found by them. No costs. The connected miscellaneous petitions are closed.

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Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
ssk.
To:
1 The Chief Secretary
Government of Tamil Nadu
Secretariat
Fort St. George Chennai-9.
2 The Secretary to Government
Home Prohibition and Excise Department
Secretariat Fort St. George Chennai-9.
3 The Secretary to Government
Highways and Minor Ports Department
Secretariat Fort St. George Chennai-9.
4 The Principal Secretary to Government
Municipal Administration and Water Supply
Department Secretariat
Fort St. George Chennai-9.

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https://hcservices.ecourts.gov.in/hcservices/

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5 The Commissioner of Municipal Administration Ezhilagam Annexe Building - VI Floor Chepauk Chennai-5. 6 The Director General of Police Government of Tamilnadu Kamarajar Salai Mylapore Chennai-4. 7 The Managing Director, TASMAC Ltd. 4th Floor CMDA Tower Gandhi Irwin Bridge Egmore Chennai-600 008 8 The Secretary to the Government, The Union of India Ministry of Road Transport and Highways Transport Bhawan Parliament Street New Delhi-110 001 9 The Project Director National Highways Authority of India Sri Tower 3rd Floor DP 34(SP) Industrial Estate Guindy Chennai-600 032 10. The Principal Secretary to Government Departyment of High Ways, Secretariat, Chennai - 9 +1cc to Mr.K.Sathishkumar, Advocate SR.No.86519 +3cc to Mr.R.Neelakandan, Advocate SR.No.86470,86133 W.P.Nos.10564 and 10572 of 2017 KJI(CO) GMY(09/01/2019)

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https://hcservices.ecourts.gov.in/hcservices/

Dravida Munnetra Kazhagam v. Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

Dravida Munnetra Kazhagam v. Government of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

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