1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)No.2316 of 2011 and M.P.(MD)No.1 of 2011 C.Chellan . ..Petitioner Vs. 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., Plot No.100, Anna Nagar, Madurai. 3.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Konam, Nagercoil, Kanyakumari District. ...Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to shift the Liquor Shop bearing No.4705 and Bar from Charles Miller Street, Nagercoil to some other place within a stipulated time. For Petitioner : Mr. L.Shaji Chellan For Respondents : Mr. R.Janakiramulu, Spl.Govt.Pleader O R D E R (Order of the Court was made by N.PAUL VASANTHAKUMAR,J.) The prayer in the writ petition is for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to shift the Liquor Shop bearing No.4705 and Bar from Charles Miller Street, Nagercoil to some other place within a time frame. 2.The petitioner claims to be the President of “Hindu Munnani” a political organisation, who filed the writ petition on public interest stating that 'Sri Nagaraja Temple' is a famous temple situated at Nagtercoil Municipality. Daily more than 10,000 devotees are visiting the temple not only from the nearby villages but also from the State of Kerala. In front of the Municipal Office of Nagercoil Municipality an ancient temple namely 'Sri Maadan Thampuran Temple' is situated, where more than 1000 devotees are visiting the temple. Charles Miller Street starts from 'Sri Maadan Thampuran Temple' and ends with W.C.C. Road. The said road is running parallel to Denison Street. It is averred in the affidavit that hardly 20 meters from 'Sri Maadan Thampuran Temple' a https://hcservices.ecourts.gov.in/hcservices/ 2 TASMAC Liquor Shop bearing No.4705 and Bar is situated, which is in the prohibited distance. It is also stated in the affidavit that educational institutions viz., Women's Christian College, Pioneer ITI and C.S.I. Training Institute, a multispeciality hospital namely, 'Vasantham Hospital' are all located within a distance of 100 feets from the said liquor shop. The petitioner has sent the representations before the first respondent, who is the competent authority, through registered post on 14.02.2011 and no action being taken, this writ petition is filed. 3.Since the representation is already pending before the first respondent, who is the competent authority to consider the same without expressing anything on merits, the first respondent is directed to consider the representation filed by the petitioner dated 14.02.2011 and pass necessary orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 4.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. Sd ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR MPK To 1.The District Collector, Kanyakumari District, Nagercoil. 2.The Senior Regional Manager, Tamil Nadu State Marketing Corporation Ltd., Plot No.100, Anna Nagar, Madurai. 3.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Konam, Nagercoil, Kanyakumari District. 1CC TO MR. J. RAVINDRAN, ADVOCATE, SR: 11391: 1CC TO THE SPL. GOVT PLEADER SR: 11447: DM::2011:MARCH;25::: W.P.(MD)No.2316 of 2011 02.03.2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/