K.Chandran v. C.Suresh

1

WMP No.16972 of 2019 in WP No.15070 of 2019

S.MANIKUMAR, J., AND

SUBRAMONIUM PRASAD, J.,

[Order of the Court was made by S.MANIKUMAR, J. ] Proposing to implead himself as a party respondent, owner of the

premises in which TASMAC Shop No.4144 is located has filed WMP No.16972

of 2019 for impleading. Supporting averments are as hereunder:

"2. It is humbly submitted that on 20.03.2002, the petitioner has purchased a house site measuring 1,656 Square Feet in Survey No.237/A/1A.1A in Old No.162, New No.129, at No.102, Chitlapakkam, Tambaram Taluk, Kancheepuram District by way of a Sale Deed dated 20.03.2002 and registered as Document No.1587 of 2002 on the file of the Sub Registrar, Tambaram. The Patta for the said property stands in the name of the petitioner. The Property Tax Assessment also stands in the name of the Petitioner. The petitioner is paying the property tax to the Chitlapakkam Town Panchayat.

http://www.judis.nic.in

1. It is humbly submitted that the TASMAC have conducted Field Inspection and found that the petitioner's shop is not situated within the prohibited distance of any place of worship, or Educational institution. Therefore, the TASMAC have opened the TASMAC Wine Shop No.4144 in the petitioner's building in the year 2003 and the Wine shop is being run in the petitioner's building for more than sixteen years. When the Honourable Supreme Court has passed an order to close the Wine Shops within 500 Meters from the Highways, the petitioner's Shop and the other shops have been closed. After the clarification Order passed by the Hon'ble Supreme Court, the TASMAC have by an order dated 10.7.2018 ordered to open the shop again in the Petitioner's building. Since the said order was not implemented the petitioner was constrained to file a writ petition in WP No.19186 of 2019 and this Honourable Court, by order dated 26.7.2018 was pleased to direct the TASMAC to open the shop within a period of one week from the date of receipt of a copy of the order. Thereafter, the TASMAC have opened the shop. The petitioner's shop is being run fully in accordance with the provisions of the Tamil