Siva.S v. The State of Tamil Nadu

O R D E R [Order of the Court was made by S.S.SUNDAR, J.] The petitioner has filed this writ petition for issuance of a writ of certiorarified mandamus to quash the impugned order dated 10.05.2023, passed by the District Manager of TASMAC / fourth respondent herein, relocating the existing TASMAC Shop bearing No.8030.

¶2The petitioner has raised several objections even earlier before the District Collector / third respondent regarding relocation of the existing TASMAC Shop. The representation of the petitioner and the members of public is produced before this Court. There appears to be some agitations also, in this regard.

¶3This Court finds that the petitioner has an effective alternative appeal remedy of approaching the District Collector, under Rule 9A of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003.

¶4Hence, this Court is inclined to pass the following orders:

(i) The petitioner is directed to file an appeal before the District Collector, Thanjavur District / third respondent, within a period of two weeks from the date of receipt of a copy of this order.

(ii) When an appeal is filed by the petitioner, the District Collector, Thanjavur District, is directed to consider the same and dispose of the same, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a reasonable time.

(iii) The petitioner is also permitted to seek interim order before the District Collector regarding relocation of the existing shop.

(iv) When such a request is made by the petitioner, the District Collector shall also consider the same.

¶5With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[S.S.S.R., J.] [D.B.C., J.]

21.07.2023 NCC : Index : Internet :

krk To:

1.The Secretary to the Government, Home, Prohibition and Excise Department, State of Tamil Nadu, Fort St.George, Secretariat, Chennai.

2.The District Collector, Thanjavur District, Thanjavur. S.S.SUNDAR , J . and D.BHARATHA CHAKRAVARTHY , J . krk and W.M.P.(MD) Nos.14753 & 14754 of 2023

21.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2023 CORAM: THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD) Nos.14753 & 14754 of 2023 S.Siva ... Petitioner -vs- 1.The State of Tamil Nadu rep.by its Secretary to the Government Home, Prohibition and Excise Department Fort St.George, Secretariat, Chennai 2.The Managing Director Tamil Nadu State Marketing Corporation Limited Gandhi Irvin Road Egmore, Chennai 3.The District Collector Thanjavur District, Thanjavur 4.The District Manager Tamil Nadu State Marketing Corporation Limited (TASMAC) Thanjavur District, Thanjavur ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records relating to the impugned order passed by the fourth respondent made in Na.Ka.No. 8030/2023/A6, dated 10.05.2023 and quash the same as illegal and consequently restraining the fourth respondent from setting up a Wine Shop in land in Survey Nos.178/2B & 1787/2D located in Kavalipatti Village, Orathanadu Taluk, Thanjavur District. For Petitioner : Mr.N.Kamesh For Respondents : Mr.P.Thilakkumar Government Pleader for R1 & R3 Mr.H.Arumugam Standing Counsel for R2 & R4