W.P(MD).No.15581 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 05.08.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

W.P(MD).No.15581 of 2022

and

W.M.P(MD)Nos.11221, 11222 and 12898 of 2022

M.Pasupathi Murugan

... Petitioner

Vs.

1.The District Collector,

Virudhunagar,

Virudhunagar District.

2.The Commissioner of Prohibition and Excise,

Chepauk,

Chennai-600 005.

3.The Managing Director,

TASMAC Limited,

Thalamuthu Natarajan Building,

4^th Floor, CMDA Tower-II,

Egmore,

Chennai-600 008.

4.The District Manager,

TASMAC Limited,

Virudhunagar District.

5.The Assistant Commissioner,

Exercise Tax Department,

Virudhunagar District.

6.The Thasildar,

Watrab Taluk, Virudhunagar District.

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W.P(MD).No.15581 of 2022

7.M.Veeralakshmi

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India,

praying this Court to issue a Writ of Certiorarified Mandamus, calling for the

records relating to the impugned order passed by the sixth respondent in

Na.Ka.A1/1917/2022, dated 10.06.2022 and quash the same as illegal and

consequently direct the first respondent to pass orders on the representation

submitted by the petitioner on 23.05.2022 on following Rule 9 of Tamil Nadu

Liquor Retail Vending (in Shops and Bars) Rules, 2003 amended and notified

by G.O.Ms.No.17, dated 13.02.2022.

For Petitioner

: Mr.B.Marees Kumar

For R1, R2, R5 & R6

: Mr.C.Satheesh

Government Advocate

For R3 & R4

: Mr.H.Arumugam

Standing Counsel

ORDER

The petitioner seeks quashing of the impugned order passed by the

sixth respondent in Na.Ka.A1/1917/2022, dated 10.06.2022 and consequently,

directing the first respondent to pass orders on the representation of the

petitioner, dated 23.05.2022 following Rule 9, Tamil Nadu Retail Vending (In

Shops and Bars) Rules, 2003 amended and notified by G.O.Ms.No.17, dated

13.02.2022.

2. The contention of the petitioner is that there was an existing

TASMAC shop in Shop No.12027 in Thangathirupathi Nagar. The said shop

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W.P(MD).No.15581 of 2022

in business for more than 10 years in Plot No.108. Now, the respondents taken

steps to shift the TASMAC to the housing plot in Plot No.98 A in the very

same layout. Plot No.108 as well as Plot No.98 A are sold as residential plots.

Plot No.98 A was sold to the seventh respondent. Further, the seventh

respondent obtained a planning permission from the President of Vadugapatti

Panchayat on 22.04.2022 for construction of residential building. Now,

contrary to the planning permission obtained for commercial purpose shop is

let out. More so, TASMAC is decided to open a wine shop in the midst of the

residential locality having various objections, it is cause of concern for the

safety and well being of the local residents. The petitioner sent representation

to the Collector but no action taken.

3. From the report of the Thasildar, it is seen that the Thasildar made

spot inspection, to verify the topography of the locality and surroundings in a

prefectionary manner, issued no objection certificate for Plot No.99. The

requirement for the TASMAC Shop is Plot No.98 A. This would clearly prove

that no inspection done and at request, no objection certificate issued. In view

of the same, he sought specific direction to the Collector to consider the

petitioner’s representation and give him an opportunity for personal hearing

so that he can make his objections.

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W.P(MD).No.15581 of 2022

4. The learned Standing Counsel for the respondents 3 and 4 submits

that request was made for Plot No.98 A, the revenue officials for what reason

gave a report for Plot No.99 is not known. Finding anamoly in the report

requested the revenue officials to give proper report with regard to shiftin