Petitioner sought prohibition of TASMAC liquor sales on public safety grounds prior to filing a complaint. High Court held dispensing with prior complaint was an obviatory exercise as petitioner did not approach authority first. Petition dismissed.
Writ of Mandamus to prohibit TASMAC sales dismissed; no order as to costs.
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.
WP No.16232 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2024
CORAM:
THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HONOURABLE MR.JUSTICE P.B. BALAJI
WP Nos.16232 of 2023
R.Boomiraj ... Petitioner
versus
Represented by the Chief Secretary, Government of Tamil Nadu,
Fort St.George,
Chennai -600 009.
Department of Home & Prohibition
and Excise,
Secretariat,
Fort St.George,
Chennai- 600 009.
Chennai-600 004. ...Respondents
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PRAYER:
WP No.16232 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Mandamus, directing the respondents to prohibit the unlawful sale of TASMAC liquors by the Attached TASMAC BAR concerned to save the life of innocent public on the basis of the news paper reports published in the Hindu English Daily dated 22.05.2023 and pass orders.
For the Petitioner :No appearance
For the Respondents :Mr.A.Edwin Prabakar State Government Pleader
ORDER
(Made by the Hon'ble Acting Chief Justice)
This Writ Petition is filed for a direction to the respondents to prohibit the unlawful sale of TASMAC liquors by the Attached TASMAC BAR concerned to save the life of innocent public on the basis of the news paper reports published in the Hindu English Daily dated 22.05.2023 and pass orders.
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WP No.16232 of 2023
petitioner without making any complaint before the authority concerned sofaras the allegation of running of illegal bars, he has straightway filed the present writ petition.
authority concerned and straightway filed the present writ petition, if being aggrieved, it is open to the petitioner to make such complaint before the authority concerned for taking necessary action.
(D.K.K., ACJ.) (P.B.B., J.) 06.08.2024 Index : Yes/No Neutral Citation : Yes/No mrn
To 1.The Chief Secretary, Government of Tamil Nadu,
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WP No.16232 of 2023
Secretariat, Fort St.George, Chennai -600 009.
THE HON'BLE ACTING CHIEF JUSTICE and P.B. BALAJI, J.
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WP No.16232 of 2023
(mrn)
WP Nos.16232 of 2023
06.08.2024
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1 issue framed by the court
Whether a writ petition should be allowed where the petitioner failed to make a prior complaint to the concerned authority.
1 provisions across 1 enactments
R.Boomiraj
State of Tamil Nadu
Principal Secretary, Department of Home & Prohibition
Director General of Police
D. KRISHNAKUMAR
P.B. BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
