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R. SURESH KUMAR, G. ARUL MURUGAN
D. Prabhu – Appellant
Versus
Commissioner of Prohibition and Excise – Respondent
ORDER :
R.SURESH KUMAR, J.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to forbear the official respondents from opening / establishing the recreation club of the fifth respondent herein and its bar situated at No.2, Thambi Garden, Lingam Nagar, Kulumani Main Road, Nearby Fish Market, Woraiyur, Trichy – 3 and by considering the petitioner's representation dated 22.04.2024, within the period stipulated by this Court.
The prayer sought for herein is for Writ of Mandamus, seeking to forbear the official respondents from opening / establishing the recreation club of the fifth respondent herein and its bar situated at No.2, Thambi Garden, Lingam Nagar, Kulumani Main Road, Nearby Fish Market, Woraiyur, Trichy – 3, by considering the petitioner's representation dated 22.04.2024.
2.The petitioner has filed the present writ petition as a Public Interest Litigation, as he claims that he is a public spirited person. It is his concern on behalf of the public in the locality at Thambi Garden, Lingam Nagar, Kulumani Main Road, Nearby Fish Market, Woraiyur, Trichy, that so far in that locality there has been no TASMAC shop or any club sel
The court emphasized that compliance with the distance regulations in the Tamil Nadu Liquor Retail Vending Rules is paramount, and public objections must be considered within the legal framework.
The denial of an FL2 license based on unfounded local objections was ruled as a colorable exercise of power, emphasizing that public interest and local need must substantiate any objections to licens....
The court emphasized the importance of balancing educational rights with regulatory provisions concerning liquor shops.
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) ....
Courts cannot interfere with the location of liquor stores based on personal moral objections unless guidelines are completely unreasonable or opposed to public policy.
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