Petitioner filed a PIL alleging violation of liquor vending rules regarding a proposed TASMAC shop near educational institutions. Respondents submitted that the proposal was permanently shelved, removing the apprehension. Court dismissed the petition.
Writ petition and connected miscellaneous petition closed; no costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2018
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR.JUSTICE N.SESHASAYEE
Writ Petition No.29731 of 2018
and W.M.P.No.34690 of 2018
Sivasubramani ... Petitioner
-Vs-
1.The District Collector
Office of the Collectorate
Kanchipuram – 641 018.
2.The Managing Director
TASMAC Limited, 4 th Floor
CMDA Tower-II, Egmore
Chennai – 600 008.
3.The District Manager (North)
Tamil Nadu State Marketing Corporation Ltd
(TASMAC), Orikai, Kanchipuram,
Kanchipuram District.
4.S.Malathi ... Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus forbearing the first to third respondents herein from opening TASMAC liquor shop in the property of the fourth respondent situated at No.4/2A, 1A, Azhagesan Nagar, Kolappakkam Village, Nedungundram, Panchayat, Chengalpattu Taluk, Kanchipuram District by considering the petitioner's representation dated 18.09.2018.
For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.V.Jayaprakash Narayan Government Pleader – for R1 Mr.P.Arumugarajan Standing Counsel – for R2 and R3
O R D E R
This writ petition styled as a Public Interest Litigation, is filed by a resident of Nedungundram village, Chengalpattu District, alleging that the respondents 2 and 3 are intended to open a new liquor shop on the property belonging to the fourth respondent located at No.4/2A, 1A, Azhagesan Nagar, Kolappakkam Village, Nedungundram, Panchayat, Chengalpattu Taluk, Kanchipuram District and the proposed liquor shop comes within 100 metres from Sri Ramanujar Engineering College and Sri Balaji Polytechnic College. Further, a christian religious institution (St.Michael's Church) and an elementary school are nearby the proposed shop, and the same is in violation of the Tamil Nadu Liquor Retail Vending (in shops and bars) Rules, 2003, more particularly, Rule No.8.
Sd/-
Assistant Registrar(Ccc)
//True Copy//
Sub Assistant Registrar
kst
To
1.The District Collector Office of the Collectorate Kanchipuram – 641 018.
2.The Managing Director TASMAC Limited, 4th Floor CMDA Tower-II, Egmore Chennai – 600 008.
+1cc to Mr.P.Arumugarajan , Advocate SR.No. 78589 +1 CC TO GOVERNMENT PLEADER SR.NO. 79123
+1cc to Mr.I.Abdul Basith , Advocate SR.No. 79060(07/01/19)
W.P. No.29731 of 2018 and W.M.P.No.34690 of 2018 ASK(20/12/2018)
1 issue framed by the court
Whether the filed representation regarding prohibited distance for liquor shop should be acted upon.
2 provisions across 2 enactments
Sivasubramani
The District Collector
The Managing Director TASMAC Limited
The District Manager (North) Tamil Nadu State Marketing Corporation Ltd
S.Malathi
M. SATHYANARAYANAN
N. SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
