The central legal point established in the judgment is the requirement for the petitioner to utilize the appeal provision under Section 9A of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, to address objections to the opening of the TASMAC shop.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents from opening/establishing the TASMAc liquor shop at Survey No.19/1A, TVS Tollgate, Trichy District by considering the petitioner's representation dated 12.08.2022.)

1.This Writ Petition has been filed, seeking for a Mandamus to direct the respondents from opening / establishing the TASMAC liquor shop at Survey No.19/1A, TVS Tollgate, Trichy District by considering the petitioner's representation dated 12.08.2022.

2. Mr.S.Kameswaran, learned Government Advocate takes notice for the second respondent and Mr.B.Jameel Arasu, learned Standing Counsel takes notice for the respondents 1, 3 and 4. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner submitted that the TASMAC authorities are making arrangements to open the TASMAC shop near TVS Tollgate in Trichy District. This Tollgate is situated in Survey No.19/1A, TVS Tollgate, Trichy District. In the same place in the year 2018, when a proposal was made, at that time, public gathered and made agitation, which was also covered by the media news, papers, more particularly in Thinamalar Publication and Malai Murasu Publication. Considering the objections, at that time, the TASMAC shop No.10213 was cancelled.

4. He further submitted that a TASMAC shop is situated within 25 mts from Sankili Muthu Mariamman Thirukovil and Mariamman Thirukovil and Pathinettam Pati Karuppasamy kovil Iyappa Seva Sangam. Further, the road is situated in such a way that it would take some distance for the customers of TASMAC shop to take u-turn to approach the wine shop, which is not normally followed and two wheelers came on the wrong direction to the shop and thereafter, proceed in the four way lane road, which normally ends up in accidents and loss of life or limb. Since the proposed shop is located in the prime locality, it would cause traffic, disturbance and movements of ambulance and other emergency vehicles, hence, the petitioner sent representation, which is yet to be considered. Hence, the present petition has been filed.

5. The learned Standing Counsel appearing for the respondents 1, 3 and 4 submitted that there was no earlier proposal in the year 2018 as contended by the petitioner. He further submitted that now, following G.O.Ms.No.32, dated 21.05.2018, the District Manager, TASMAC Limited made a proposal, dated 31.05.2022, the Assistant Commissioner of Excise sent a report, dated 14.06.2022, the District Collector found the report proper, no objection or restriction to shift the TASMAC shop No.10562, which is functioning adjacent to Shop No.10316 to cater to the needs of customers. The said shop No.10562 is proposed to be shifted to Survey No.19/1A near Trichy Tollgate. According to the inspection report, the temple is 300 metres away, Kajamiyan Higher Secondary School is 700 metres away from the proposed site. Further, it is also 10 metres away from the national highways NH 45 and the place now comes under the Trichy Corporation, which is classified as mixed commercial and residential use Zone. Based on the report of the Assistant Commissioner, the Collector granted permission to open the shop by his proceedings in Na.Ka.P&E3/20788/2022, dated 03.08.2022. After approval given by the District Collector, the Managing Director, Tamilnadu State Marking Corporation Limited, by his proceedings in Na.Ka.No.R-3/7523/2022, dated 30.08.2022 accepted the proposal and permitted to shift the TASMAC shop No.10562 to the survey No.19/1A, near TVS Tollgate. At this stage, the petitioner belatedly made the representation and objection. Further, under Section 9A of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, appeal provision, wherein any person aggrieved by an order passed by the Collector under Sub Rule 3 of Rule 8 or under Rule 9 of the Tami