Petitioner sought writ directing authorities to relocate TASMAC shop due to its proximity to a bus stop. Court held it cannot decide policy matters like shop location near bus stops beyond examining illegality of rule contravention and dismissed the petition.
Writ petition dismissed with no costs.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2018
CORAM
THE HON'BLE MS. INDIRA BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.34030 of 2017
C.V.Unnirajan .. Petitioner
Vs.
1 The Managing Director
TASMAC Ltd.
4th Floor CMDA Tower II
Egmore Chennai-8
2 The District Collector
Uthagamandalam, The Nilgiris.
3 The Assistant Commissioner of Excise
Uthagamandalam, The Nilgiris.
4 The District Manager
TASMAC, Uthagamandalam
The Nilgiris.
5 The Tahsildar
Pandalur Taluk,
Uthagamandalam, The Nilgiris. .. Respondents
PRAYER: Petitioner under Article 226 of the Constitution of
India for issuance of a writ of Mandamus directing the
respondents to consider the representation of the petitioner
herein dated 30.10.2017 and to relocate the shop.
For Petitioner : Mr.T.Shanmugam
For Respondents : Mr.T.N.Rajagopalan
Government Pleader(Incharge)
for respondents 2, 3 and 5
Mr.K.Sathish Kumar
for respondents 1 and 4
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
In this writ petition, the petitioner has sought orders on the respondent authorities to consider the representation of the
petitioner dated 30.10.2017 for relocation of TASMAC Wine Shop No.8447 at Erumad Bazaar in Udhagamandalam, Nilgiris District.
“Rule 8. Location of shop.— (1) No shop shall be established in Municipal Corporations and Municipalities within a distance of 50 (fifty) metres and in other areas 100 (hundred) metres from any place of worship or educational institutions:
Provided that the distance restriction shall not apply in areas designated as 'Commercial' or 'Industrial' by the Development or Town Planning Authorities:
Provided further that no shop shall be established within the premises of any hotel: Provided also that if any place of worship, educational institution comes into existence subsequent to the establishment of the shop, the provisions of this rule shall not apply: Provided also that no liquor shops shall be established in any tribal areas covered under Integrated Tribal Development Project and Hill Area Development Project in the Hill area of Vellore, Salem, Namakkal, Dindigul, Tirunelveli and Kanniyakumari districts.
(2) Every shop shall be housed in a pucka building and no part of the shops shall be thatched either on the sides or on the roof.
(3)The shop shall be in the location approved by the Collector before commencing the business in the shops.”
cremation ground.
The writ petition cannot be entertained and the same is dismissed. No costs.
Sd/-
Deputy Registrar
//True copy//
Sub Assistant Registrar
sasi
To:
1 The Managing Director
TASMAC Ltd. 4th Floor CMDA Tower II
Egmore Chennai-8
2 The District Collector
Uthagamandalam, The Nilgiris.
3 The Assistant Commissioner of Excise
Uthagamandalam, The Nilgiris.
4 The District Manager
TASMAC, Uthagamandalam
The Nilgiris.
5 The Tahsildar
Pandalur Taluk,
Uthagamandalam, The Nilgiris.
+1cc to Mr.K.Sathish Kumar, Advocate SR.No.965
+1cc to Government Pleader SR.No.106
W.P.No.34030 of 2017
GN(17/01/2018)
2 issues framed by the court
Whether the court can entertain a PIL to decide policy matters regarding TASMAC shop location near bus stops.
Whether Rule 8 of Tamil Nadu Liquor Retail Vending Rules, 2003 mandates relocation of shop due to proximity to bus stop.
2 provisions across 2 enactments
C.V. Unnirajan
The Managing Director TASMAC Ltd.
The District Collector Uthagamandalam
The Assistant Commissioner of Excise Uthagamandalam
The District Manager TASMAC, Uthagamandalam
The Tahsildar Pandalur Taluk
Indira Banerjee
Abdul Qudhhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
