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2010 Supreme(Mad) 2883

ELIPE DHARMA RAO, K.K.SASIDHARAN
The Tamil Nadu State Marketing Corporation Ltd. , Rep. by its Managing Director – Appellant
Versus
R. M. Shah & Others – Respondent


Advocates appeared:
For the Appellant:J. Ravindran, Advocate.
For the Respondents: R5 & R6, G. Desingu, Spl. GP.

Judgment

Elipe Dharma Rao, J.

1. The appellant challenges the order dated 06. 2010 in W.P. No. 38494 of 2005 whereby and whereunder the learned Judge directed the closure of the liquor shop-cum-Bar run by the Tamil Nadu State Marketing Corporation Ltd., (for short, ’TASMAC’) at Door No. 12/4 Ormes Road, Kilpauk.

.2. The residents of Ormes Road preferred the Writ Petition in W.P.No.38494/05 for shifting the liquor shop- cum – Bar at Door No.12/4 at Ormes Road, Kilpauk. The main grievance of the respondents 1 to 4 before the learned single Judge was that the location of the shop was highly objectionable as it was situated in a residential area, very near to a Girls School and a temple. The customers coming to the shop, after consuming liquor, used to threw the bottles indiscriminately all over the road and very often misbehaved with the local residents thereby creating lot of nuisance to the public. Though several representations were sent, there was no followup action, which made them to file the writ petition.

3. The TASMAC filed a counter affidavit contending that there was a private wine shop in the very same premises earlier for which there was no objection and that the area



































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