The welfare of the public and adherence to legal guidelines are paramount in deciding the relocation of TASMAC shops.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents not to relocate or reopen any TASMAC shop situated at Town Survey No.311, New Ward-C, Block-14, Trichy-Chennai bye pass road, Vellithirumutham Village, Srirangam Taluk, Trichy District by the petitioner representations dated 20.06.2022 and 09.07.2022.)

1. This writ petition has been filed seeking for a mandamus to direct the respondents not to relocate or reopen any TASMAC shop situated at Town Survey No.311, New Ward-C, Block-14, Trichy-Chennai bye pass road, Vellithirumutham Village, Srirangam Taluk, Trichy District by considering the petitioner representations dated 20.06.2022 and 09.07.2022.

2. Mr.P.Subbaraj, learned Special Government Pleader takes notice for the first respondent and Mr.B.Jameel Arasu, learned Standing Counsel takes notice for the second respondent. 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 there is a bus stand located near the proposed TASMAC shop. Previously, there was one TASMAC shop was in existence at Town Survey No.311, New Ward- C, Block-14, Trichy-Chennai bye pass road, Vellithirumutham Village, Srirangam Taluk, Trichy District. Due to the functioning of TASMAC shop about four years ago, there was several accidents took place and about 60 people died in the vicinity near the wine shop. Due to sustained agitation and demonstration by the Public, the first respondent/the District Collector closed the said TASMAC shop. Now, the second respondent is again contemplating to relocate the TASMAC shop to the same Survey No.311, where previously TASMAC shop was in existence and closed four years back, due to the pubic objections. There are several houses located in and around the place with school going students, college going students, senior citizens and others their life would be affected, if the TASMAC shop is permitted to reopen. Further, the place is on the National High Way of Trichy-Chennai bye pass road, which is a prohibited area as per the direction of the Honourable Apex Court. In violation of the direction of the Honourable Apex Court, the respondents proposed to open the shop taking advantage of G.O.(Ms.).No.32, Home Prohibition and Excise (VI) Department, dated 21.05.2018. Hence, the petitioner sent representation to the first respondent on 20.06.2022 and 09.07.2022, so far the first respondent had taken any steps. He further submitted that the place, in which, the shop is to be located is surrounded on the eastern side and southern side by the land of Namakkal Trailor Association, wherein, several lorries are regularly parked and it would become a place for the lorry drivers to park the vehicle and to have liquor, thereafter, drive the vehicle under intoxication and potential of accident is very much there. Further, the shop is adjacent on the northern side, with the national highway, clearly denoting that service road parallelly runs along with the National High Way. The second respondent is making all arrangements to open the shop immediately. Hence, the present writ petition.

4. The learned Special Government Pleader appearing for the first respondent submitted that so far the proposal not cleared and no consent has been given by the Collector. The petitioner's representation dated 20.06.2022 and 09.07.2022 received through post and both are under consideration. He further submitted that when the proposal of the second respondent received, the petitioner's objections would be considered, if required, they would be given personal hearing for making objections.

5. The learned Standing Counsel appearing for the second respondent submitted that the second respondent in his proceedings in Na.Ka.No. 864/2020/C.V-5(1) dated 10.06.2022, submitted that, following the guidelines issued by the supreme court in Civil Appeal Nos.12164