Court disposed of a writ petition seeking mandamus to enforce natural justice and regulatory compliance before opening a liquor shop. The petition was dismissed because the respondents dropped the proposal to locate the shop.
No mandamus issued as the proposal to open the shop was dropped by the respondents.
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 : 01.07.2019
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
Writ Petition No.13598 of 2019 and WMP.Nos.13680 & 13685 of 2019
S.Jaiganesh
...Petitioner
Vs 1. The Managing Director, Tamil Nadu State Marketing Corporation Limited, CMDA Tower-II, IV Floor, Gandhi Irwin Bridge Road, Egmore, Chennai 600 008.
... Respondents
7. A.Surguru Nathan
Writ Petition filed under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from opening any TASMAC Retail Liquor Vending Shop & Bar without following basic principles of natural justice by giving wide publicity in a meaningful manner about any proposal to open any TASMAC Retail Liquor Vending Shop & Bar at any place and also informing the public and stakeholders providing reasonable time to submit their objections and grievances and also to hold a public consultation at the predecisional stage, so as to ensure that relevant Legal Provisions, Rules & Regulations such as that of "The Tamil Nadu Change of Land Use (From Agricultural to Non-Agricultural Purposes in Non-Planning Areas) Rules, 2017" & Rule 25 of "The Tamil Nadu Panchayat Building Rules 1997" & Appendix - I of "The Tamil Nadu Fire Service Rules, 1990" and "The Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003" are strictly complied prior to the establishment of the TASMAC Retail Liquor Vending Shop & Bar in any locality and more particularly in the midst of the Agricultural Lands, bearing S.No.53, Athupollachi, Pollachi Taluk, Coimbatore District herein.
For Petitioner :Mr.M.Purushothaman For Respondents :Mr.E.Manoharan Additional Government Pleader for R2 & R5 Mr.Akhil Akbarali Government Advocate for R6 Mr.K.Sathish Kumar Standing Counsel for TASMAC for R1, R3 & R4 O R D E R [Order was delivered by S.MANIKUMAR,J]
The petitioner has sought for issuance of a writ of mandamus forbearing the respondents from opening any TASMAC Retail Liquor Vending Shop & Bar without following basic principles of natural justice by giving wide publicity in a meaningful manner about any proposal to open any TASMAC Retail Liquor Vending Shop & Bar at any place and also informing the public and stakeholders providing reasonable time to submit their objections and grievances and also to hold a public consultation at the predecisional stage, so as to ensure that relevant Legal Provisions, Rules & Regulations such as that of "The Tamil Nadu
Change of Land Use (From Agricultural to Non-Agricultural Purposes in Non-Planning Areas) Rules, 2017" & Rule 25 of "The Tamil Nadu Panchayat Building Rules 1997" & Appendix - I of "The Tamil Nadu Fire Service Rules, 1990" and "The Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003" are strictly complied prior to the establishment of the TASMAC Retail Liquor Vending Shop & Bar in any locality and more particularly in the midst of the Agricultural Lands, bearing S.No.53, Athupollachi, Pollachi Taluk, Coimbatore District.
" On instructions, Mr.Akhil Akbar Ali, learned Government Advocate for the sixth respondent submitted that proposal to locate a shop at No.53, Athupollachi, Pollachi Taluk, Coimbatore District, is pending.
2. Mr.M.Purushothaman, learned counsel for the petitioner submitted that land on which the proposed shop is sought to be located is an agricultural land.
3. Earlier, in W.P.No.4136 of 2019, we directed the respondents therein, to ascertain the classification of lands, in the villagers where IMFL shops are located and explore the possibility of relocation. In the case on hand, proposals are yet to be approved, either way.
4. Post on 6/6/2019. Let the proposals be kept in abeyance".
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar dpq
To
and WMP.Nos.13680 & 13685 of 2019
KS(CO) SSM(29/07/2019).
1 issue framed by the court
Whether a writ of mandamus should be issued directing respondents to follow natural justice principles before opening a TASMAC shop.
1 provisions across 1 enactments
S.Jaiganesh
The Managing Director, Tamil Nadu State Marketing Corporation Limited
The District Collector, Coimbatore District
The Special Officer/Executive Officer, Athupollachi Panchayat
S. Manikumar
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
