Disposed

T.Selvarasu v. the Managing Director

Madras HC23 Jan 2024WP/1344/2024

Case brief

AI extract

What is this about?

High Court directed TASMAC to consider petitioners' representations as successful auction bidders and issue reasoned orders on licence grants for snack sales and bottle collection within one week under Tamil Nadu Liquor Retail Vending Rules, 2003.

What did the court decide?

Direction to second respondent (District Manager, TASMAC, Villupuram) to consider petitioners' representations dated 29.12.2023 and pass reasoned orders within one week under Tamil Nadu Liquor Retail

T.Selvarasu Vs the Managing Director — Contract and Commercial Disputes | Madras HC (2024)

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W.P.Nos.1344, 1347 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.01.2024

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.Nos.1344 and 1347 of 2024

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T.Selvarasu ... Petitioner in W.P.1344 of 2024 Vikrama Sozhan ... Petitioner in W.P.1347 of

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2024

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-vs-

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1.The Managing Director, TASMAC Limited, Thalamuthu Natarajan Building, 4th floor, 2nd Block, Egmore, Chennai 8.

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2.The District Manager, TASMAC Limited, Villupuram District. ... Respondents in both WP's

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PRAYER in W.P.No.1344 of 2024 : Writ Petition filed under Article

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226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to act in furtherance of the proceedings

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1/6

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.1344, 1347 of 2024

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issued in Na.Ka.A3/553/2023 dated 14.12.2023 and issue license to the petitioner for sales of snacks and collection of bottles in shop no.11693.

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PRAYER in W.P.No.1347 of 2024 : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to act in furtherance of the proceedings issued in Na.Ka.A3/553/2023 dated 14.12.2023 and issue license to the petitioner for sales of snacks and collection of bottles in shop no.11687.

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For Petitioner : Mr.B.Abdul Samath in both WP's For Respondents : Mr.K.Sathish Kumar, SC (TASMAC) in both WP's

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2/6

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.1344, 1347 of 2024

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COMMON ORDER

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Both these writ petitions were filed by successful bidders at auctions conducted by TASMAC for issuance of licence for sale of snacks and collection of bottles at bars adjoining TASMAC shops.

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Learned counsel for the petitioner asserts that the petitioner in W.P.No.1344 of 2024 was not provided the challan for making requisite payment for issuance of licence. As regards the petitioner in W.P.No.1347 of 2024, he submits that the requisite payment was made. In both cases, he contends that the petitioner was in a position to fulfil all requirements under the Tamil Nadu Liquor Retail Vending (in shops and bars) Rules, 2003 (the Tamil Nadu Liquor Retail Vending Rules), but that the licence was not issued by TASMAC.

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Mr.Sathish Kumar, learned standing counsel, accepts notice

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.1344, 1347 of 2024

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on behalf of the respondents. He submits that the representation of the petitioner would be considered and disposed of in accordance with the Tamil Nadu Liquor Retail Vending Rules.

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As the highest bidders at auctions conducted by TASMAC, the respective petitioner would be entitled to a licence provided such petitioner is in a position to fulfil all requirements under the Tamil Nadu Liquor Retail Vending Rules and the terms and conditions of auction. These aspects are required to be examined by TASMAC.

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Accordingly, without expressing any opinion on the entitlement of the petitioner, these writ petitions are disposed of by directing the second respondent to consider the representation issued by the respective petitioner on 29.12.2023 and dispose of the same by a reasoned order after duly taking into consideration the requirements of the Tamil Nadu Liquor Retail Vending (in shops and bars) Rules, 2003 and the terms and conditions of the respective auction. Such order shall be issued within a period of one week from

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.1344, 1347 of 2024

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the date of receipt of a copy of this order after providing a reasonable

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opportunity to the respective petitioner.

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W.P.Nos.1344 and 1347 of 2024 are disposed of on the above

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terms. There shall be no order as to costs.

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23.01.2024

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rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No

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Note: Issue Order copy on 24.01.2024

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1.The Managing Director, TASMAC Limited, Thalamuthu Natarajan Building, 4th floor, 2nd Block, Egmore, Chennai 8.

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2.The District Manager, TASMAC Limited, Villupuram District.

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SENTHILKUMAR RAMAMOORTHY,J

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rna

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5/6

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https://www.mhc.tn.gov.in/judis

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W.P.Nos.1344, 1347 of 2024

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W.P.Nos.1344, 1347 of 2024

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23.01.2024

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https://www.mhc.tn.gov.in/judis

T.Selvarasu v. the Managing Director

Case brief

What is this about?

What did the court decide?

T.Selvarasu v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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