IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20/9/2018

C O R A M

THE HON'BLE MR.JUSTICE S.MANIKUMAR

AND

THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD

Writ Petition No.24903 of 2018

N. Mohamed Imran Khan

...Petitioner

Vs.

1. The State of Tamil Nadu

rep. By its Secretary to Government

Home, Prohibition and Excise Department

Fort St. George

Chennai 600 009.

2. The Managing Director

TASMAC Limited

Fourth Floor, CMDA Tower – II

Gandhi Irwin Road

Egmore, Chennai 600 008.

3. Mr.Annadurai, IAS

District Collector

Thanjavur District.

4. Mr.Thirugnanam

The Then District Manager

Thanjavur

now working at

TASMAC Limited

Vigilance Section

CMDA Tower II

Gandhi Irwin Road, Egmore

Chennai 600 008.

...Respondents

Petition filed under Article 226 of the Constitution of

India, praying for issuance of a Writ of mandamus, directing

the respondents 1 and 2 to close the TASMAC Retail Outlet in

Shop No.7840 situate at Orathanadu Town and Taluk, Thanjavur

District and Shop No.7903 situate at Neelagiri Village, near

Thanjavur New Bus stand, Thanjavur Taluk and District and

consequently, to take necessary action against the respondents

3 and 4 who are the erring officials failed to discharge their

duty for violation of Rule 8 (1) of Tamil Nadu Liquor Vending

(in shops and Bars) Rules, 2003 based on petitioner's

representation dated 8/7/2018.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioner ... Mr.C.Prabakaran

For Respondents ... Mr.E.Manoharan

Additional Government Pleader

for R.R.1 and 3.

Mr.K.Sathish Kumar

Standing Counsel

for R.R.2 and 4.

- - - - -

O R D E R

(Order of the Court was made by S.MANIKUMAR, J)

Mr.M.Mohamed Imran Khan, a practising Advocate, has

sought for a writ of mandamus, directing the respondents 1 and

2, to close the TASMAC Retail Outlet, in Shop No.7840, situate

at Orathanadu Town and Taluk, Thanjavur District and Shop

No.7903 situate at Neelagiri Village, near Thanjavur New Bus

stand, Thanjavur Taluk and District and consequently, to take

necessary action against the respondents 3 and 4, who have

failed to discharge their duty, for violation of Rule 8 (1) of

Tamil Nadu Liquor Vending (in shops and Bars) Rules, 2003,

based on petitioner's representation, dated 8/7/2018.

2. Before the learned counsel appearing for the

petitioner, commenced his argument, on the merit of this case,

by inviting the attention of this Court, to the location of

the shop, sought to be closed, Mr.K.Sathish Kumar, learned

Standing Counsel for Tasmac, submitted that cause of action

has arisen, in Madurai Bench of Madras High Court and

therefore, writ petition could not lie, in the Principal

Bench.

3. Perusal of the supporting affidavit of the writ

petitioner, shows that the District Collector, Thanjavur

District and the District Manager, Thanjavur, have been sued

in their individual capacity. Even if there is any averment of

failure to discharge the official duty, we are unable to

understand as to the above said officials could be sued in

their individual capacity.

4. Be that as it may, learned counsel for the petitioner

seeks permission of this Court to withdraw the writ petition

and he has also made an endorsement to that effect.

5. Placing on record the above, writ petition is

dismissed as withdrawn. No costs.

MVS

Sd/-

Assistant Registrar(CS VI)

// True Copy//

Sub Assistant Registrar

https://hcservices.ecourts.gov.in/hcservices/

To

1. The Secretary to Government

State of Tamil Nadu

Home, Prohibition and Excise Department

Fort St. George

Chennai 600 009.

2. The Managing Director

TASMAC Limited

Fourth Floor, CMDA Tower – II

Gandhi Irwin Road

Egmore, Chennai 600 008.

+ 1 CC TO MR.K.SATHISH KUMAR, ADVOCATE SR 65259

+ 1 CC TO MR.C.PRABAKARAN, ADVOCATE SR 65620

+ 1 CC TO