Disposed

T.P.Subramanian v. The Managing Director

Madras HC26 Apr 2021WP/32543/2019

Case brief

AI extract

What is this about?

The petitioner challenged the establishment of a TASMAC shop near a school and residential area via a writ petition. The High Court did not examine merits but permitted a fresh representation to the District Collector for a reasoned decision. The writ petition was disposed of, and the associated miscellaneous petition was closed.

What did the court decide?

Petitioner to file fresh representation to District Collector within two weeks; Collector to dispose by reasoned order within eight weeks providing opportunity to parties.

T.P.Subramanian Vs The Managing Director — Constitutional and Fundamental Rights | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.04.2021

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CORAM :

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THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.32543 of 2019

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T.P.Subramaniam, President of Anna Nagar West Arul Vallalar Residents Welfare Association,

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Plot No.1386, I Block, 10th Street, Vallalar Kudiyiruppu, Anna Nagar West,

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Chennai - 600 040.

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.. Petitioner -vs-

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1.The Managing Director, TASMAC Limited, 4th Floor, CMDA Tower-II, Gandhi Irwin Bridge Road, Egmore, Chennai - 600 008.

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2.The District Collector, Chennai District, Chennai.

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3.The District Manager, TASMAC Limited, Chennai Central District, B4-Ambattur Industrial Estate,

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Chennai - 600 101.

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4.The Inspector of Police

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V5, Thirumangalam Police Station Anna Nagar West Extension Chennai 600 101. ..Respondents

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus forbearing the respondents and their subordinates from running/establishing the Tasmac Shop No.429 and Tasmac Bar attached with Restaurant in 18th Main Road, I Block, Anna Nagar West, Chennai - 600 040 by considering the objections of the petitioner's association dated 04.08.2016, 30.04.2017, 22.09.2017, 30.05.2018 respectively.

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

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For Petitioner

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: Ms.R.Divya for M/s.K.Balu

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For Respondents

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: Mr.Sathish Kumar Standing Counsel for respondent Nos.1 and 3

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: Ms.R.J.Radhika Government Advocate for respondent Nos.2 and 4

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ORDER

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(Order of the Court was made by Senthilkumar Ramamoorthy, J.)

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The petitioner complains of a TASMAC shop and bar at 18th Main Road, I Block, Anna Nagar West, Chennai-40.

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The petitioner states that the aforesaid liquor vending shop and bar was opened in a thickly populated residential area in Anna Nagar West and that the same is causing considerable inconvenience and disturbance to those living in the vicinity thereof. It is further stated that the shop is close to the SBOA Higher Secondary School, MTC bus stand, Vinayagar temple, Murugan temple and Muthumariamman temple. The petitioner also states that the said shop has been set up in the aforesaid location in violation of the applicable rules for liquor vending.

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Learned Standing Counsel for the TASMAC refutes the aforesaid allegations and relies on the counter-affidavit of the TASMAC in that regard.

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In the aforesaid facts and circumstances, without examining the merits of the matter, the petitioner is permitted to carry a fresh representation to the second respondent - District Collector, Chennai District. Such representation shall be submitted within a period of two weeks from the date of receipt of a copy of this order. On receipt thereof, the second respondent - District Collector, Chennai District is directed to examine such representation and dispose of the same by a reasoned order within a period of eight weeks from the date of receipt of such representation after providing a reasonable opportunity to all parties affected thereby.

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

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W.P.No.32543 of 2019 is disposed of without any order as to costs. Consequently, W.M.P.No.32903 of 2019 is closed.

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s/d-

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Assistant Registrar(CS VII)

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True Copy

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Sub-Assistant Registrar

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bbr To:

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1.The Managing Director,
TASMAC Limited,
4th Floor, CMDA Tower-II,
Gandhi Irwin Bridge Road,
Egmore, Chennai - 600 008.
2.The District Collector,
Chennai District,
Chennai.
3.The District Manager,
TASMAC Limited,
Chennai Central District,
B4-Ambattur Industrial Estate,
Chennai - 600 101.
4.The Inspector of Police
V5- Thirumangalam Police Station
Anna Nagar West Extension
Chennai 600 101.

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+1 CC to The Government Pleader sr 25709. +1 Cc to Mr.K. Balu, Advocate sr 25591.

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W.P.No.32543 of 2019 RLD(CO) SP(14/06/2021)

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

T.P.Subramanian v. The Managing Director

Case brief

What is this about?

What did the court decide?

T.P.Subramanian v. The Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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