Petitioner filed a writ under Article 226 seeking shutdown of a liquor shop on grounds of proximity to hospital/temple and hygiene. Court directed petitioner to approach appropriate authority under Rule 9A of TN Liquor Rules, 2003, instead of issuing the writ.
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WP No.9114 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
WP No.9114 of 2023
B.Mathivanan
.. Petitioner
-vs-
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd respondent to shut down Shop No.832 at Shanti Puram, Thirumullaivoyal, Chennai600 062 as there is a Shop running successfully and its already
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WP No.9114 of 2023
existing in the same road within 10 Meters distance considering “Tipplers urinating in the road with Open Defection, and the entire street is polluted with a foul smell, Eve teasing, molesting of women above all its sets up a wrong precedent to young kids who are bound to get addicted which could possibly lead to increasing of crime rate in the society.
For the Petitioner : Mr.R.Rajesh For the Respondents : Mr.K.Balakrishnan
ORDER
(Made by the Hon'ble Chief Justice)
We have heard Mr.R.Rajesh, learned counsel for the petitioner and Mr.K.Balakrishnan, learned counsel for the respondents.
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WP No.9114 of 2023
The writ petition is accordingly disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 10.10.2023 Index : Yes/No Neutral Citation : Yes/No sra
To
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WP No.9114 of 2023
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sra)
WP No.9114 of 2023
10.10.2023
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1 issue framed by the court
Whether the petitioners are entitled to a writ of mandamus directing the shutdown of a liquor shop despite the availability of a statutory remedy under Rule 9A.
2 provisions across 2 enactments
B.Mathivanan
The Chairman, TASMAC, CMDA Tower-II, IV Floor, Gandhi Irwin Road, Egmore, Chennai-600 008
The Managing Director, TASMAC, CMDA Tower-II, IV Floor, Gandhi Irwin Road, Egmore, Chennai-600 008
The District Manager, TASMAC, G-29 and 30, Industrial Estate, SIDCO Road, Kakkalur, Thiruvallur-602 003
SANJAY V.GANGAPURWALA
D.BHARATHA CHAKRAVARTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
