The court emphasized the public interest and statutory requirements in reaching its decision to uphold the orders for shifting the IMFL shop.

1. The writ petition is directed against the order of the first respondent in his ref.No.Na.No.420/2009-R7 wrongly dated as 08.02.2009 signed on 08.02.2010 and order dated 08.03.2010 passed in ref.No.Na.Ka.En.129/2010-R2 in and under which the petitioner was directed to file suitable place to shift IMFL shop No.4376 situated in Door.No.6, GST Road, Tambaram Sanatorium under licence No.Na.489/06-R6 dated 02.12.2009 and on his failure to do so cancelled his bar licence w.e.f. 08.03.2010.

2. The petitioner herein is the holder of bar license in respect of IMFL.RV shop No.4376 which was originally located at one of the buildings situated at Ponniamman Koil street, Kavanthandalam Village, Uthiramerur Taluk, belonging to one Thiru.G.Nagappan and as the owner of the building insisted for vacant possession of the property, the shop was proposed to be shifted to Avalur Village, Kannadian Kudimai. As the residents of the particular village along with their Panchayat president raised serious objection to locate the shop in the said place, the shop was temporarily closed. Thereafter, the present building by Door.No.6, GST Road, Tambaram Sanatorium was at the instance of the petitioner herein who is the lessee under the owner of the property Thiru. Ekambaram, inspected to ascertain the suitability and the same was duly inspected by the authority concerned and was according to the officials concerned, found to be suitable and well within the norms and was hence selected for the location of the shop.

3. While so, the third Respondent herein filed W.P.No.24170 of 2009 for the writ of mandamus forbearing the Managing director CMDA Tower-II from in any manner establishing a retailed vending IMFL shop at first street Kamatchi Colony, Tambaram Sanatorium mainly on the ground that the proposed building is opposite to Tambaram Sanatorium and within the prohibited distance of 50 meters from the hospital, School, Colleges and temples, as such the proposed location is in violation of the guidelines issued by the Government in this regard.

4. Our High Court has disposed of the writ petition by order dated 21.12.2009 thereby directing the first respondent-District manager, TASMAC ltd., to consider the representation of the petitioner dated 19.11.2009 and to pass orders on the same before locating any shop near Tambaram Sanatorium. Our High Court has in paras 2 and 3 respectively of its order referred to the ground on which the location of the shop is opposed and stand taken on the side of the Government that no shop has been opened in the Tambaram Sanatorium near hospital and schools and thereafter proceeded to dispose of the WP with the observation as above referred.

5. In the mean time the bar licence was issued to the petitioner herein by order dated 02.12.2009 and the petitioner commence his business in the same building, however, in pursuance of the order of the High Court dated 02.12.2009 the District Collector issued notice dated 18.09.2009 calling upon both the petitioner and the 3rd respondent herein for personnel hearing and the same is followed by the notice dated 08.02.2010, thereby calling upon the bar licence holder who is the petitioner herein to shift his shop from the present address within 15 days and on the failure of the petitioner to do so, cancelled his bar licence and the both the orders dated 08.02.2010 and 08.03.2010 are now challenged herein.

6. According to the learned counsel for the petitioner, the shop is located in the present building after ascertaining the suitability of the same through proper inspection by the TASMAC officials and the place is found to be satisfying all the statutory requirements and was duly recommended for the location of the shop by the first respondent-District Manager, TASMAC in his proceedings dated 20.11.2009 to the second respondent herein as approved by the 3rd Respondent District Collector and the petitioner was duly issued licence on 2.12.2009 after his having satisfactorily c