1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.8786 of 2011 and M.P.No.1 of 2011 S.Ramakrishnan : Petitioner Vs. 1.The District Collector, Madurai, Madurai District. 2.The Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC) Ltd., Madurai, Madurai District. 3.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC) Ltd., Madurai, Madurai District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the respondents 1 to 3 from establishing the proposed TASMAC wine shop with attached bar at Sambandha Moorthy Street, West Masi Street, Madurai. For Petitioner : Mr.A.Uthayakumar For Respondent : Mr.K.Mahendran Special Government Pleader For Respondents 2&3 : Mr.Muniyasamy O R D E R [Order of the Court was made BY P.JYOTHIMANI, J] Mr.K.Mahendran, learned Special Government Pleader, takes notice on behalf of the first respondent. Mr.Muniyasamy, learned Standing Counsel, takes notice for respondents 2 and 3. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. 2. The Writ Petition is for a direction against the respondents from establishing the proposed TASMAC wine shop with attached bar at Sambandha Moorthy Street, West Masi Street, Maduari. 3. The grievance of the petitioner is that the place proposed to be located for shifting of TASMAC Shop is surrounded the residential houses, schools and various temples, and therefore, the petitioner has given a representation to the first respondent on 13.06.2011. Since no action has been taken, the petitioner has filed the present Writ Petition. 4. Admittedly, as on date, the shifting of TASMAC shop has not been https://hcservices.ecourts.gov.in/hcservices/ 2 effected. In such view of the matter, we are of the view that before shifting the TASMAC shop, the representation made by the petitioner dated 13.06.2011 should be considered by the first respondent. 5. Accordingly, without expressing any opinion on the merits of the case, the Writ Petition stands disposed of with a direction against the first respondent to consider the representation of the petitioner dated 13.06.2011, especially when it relates to existence of schools, temples etc, before establishing TASMAC Shop in the proposed place, in its proper perspective, and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai, Madurai District. 2.The Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC) Ltd., Madurai, Madurai District. 3.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC) Ltd., Madurai, Madurai District. +1CC TO MR.A.UTHAYAKUMAR, ADVOCATE SR.26545 NB SR : 19.08.2011 : 2p/5c ORDER MADE IN W.P.(MD).No.8786 of 2011 08.08.2011 https://hcservices.ecourts.gov.in/hcservices/