1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10964 of 2011 and M.P.(MD)No.1 of 2011 V.K.Maarimuthu : Petitioner Vs. 1.The District Collector, Theni District. 2.The Tamil Nadu State Marketing Corporation Ltd., (TASMAC), represented through its Manager, Theni District. 3.The Assistant Commissioner of Prohibition and Excise, Theni District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, forbearing the respondents herein, their agents or servants from granting licence to open a TASMAC shop and bar inside the Cresant Theatre complex at New D.No.306, present Ward No.17, LF Road, Cumbam-625 516. For Petitioner : Mr.M.S.Suresh Kumar ORDER The petitioner has sought for a Mandamus, forbearing the respondents herein from granting any lincence to open an IMFL Shop and bar inside the Cresant Theatre Complex at New Door No.306, Present Ward No.17, LF Road, Cumbam, Theni District. 2. According to the petitioner, his father owned many properties including the above said theatre and he died on 07.06.2003 leaving behind his sons and daughters. On 26.05.2004, the legal heirs including the petitioner mutually divided their properties by registered partition deed dated 26.05.2004, by registered document No.1919 of 2004, pursuant to which, he is in possession of 1/3rd share of the said Theatre. His brother is having 2/3rd share in the said theatre. According to the petitioner, without his knowledge, it appears that his brother had given consent for locating an IMFL shop inside the theatre complex. He has further submitted that there are school, mosque, temple and church within the restricted distance. Earlier when his brother, without his consent and knowledge, had consented to let out a portion of the property to Recreation Club, on the objections of the petitioner and pursuant to the filing of a Writ Petition in W.P.No.9168 of 2009, the licence for recreation club has been cancelled. Though the petitioner has made a representation dated 25.08.2011 to respondents 1 and 2, objecting to the location of the IMFL Shop, no action has been taken so far and hence, he has filed the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Though the petitioner has sought for a larger relief, the learned counsel for the petitioner submitted that it would be suffice, if a direction is issued to respondents 1 and 2 to take action on the representation of the petitioner dated 25.08.2011, which has been acknowledged. His submission is placed on record. 4. Considering the limited request and the averments made in the supporting affidavit to the Writ Petition, respondents 1 and 2 are directed to consider the representation of the petitioner dated 25.08.2011, acknowledged by them and take appropriate action, as per the provisions of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003 immediately, so as to avoid further litigation regarding the location of the IMFL shop. If the grievance of the petitioner is genuine and in accordance with the provisions of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, respondents 1 and 2 are directed to take steps to re-locate the possession of the shop in some other unobjectionable place. 5. The Writ Petition is disposed of in the above terms. Consequently, the connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (RTI) / True Copy / Sub Assistant Registrar To 1.The District Collector, Theni District. 2.The Tamil Nadu State Marketing Corporation Ltd., (TASMAC), represented through its Manager, Theni District. 3.The Assistant Commissioner of Prohibition and Excise, Theni District. +1CC TO MR.M.S.SURESH KUMAR, ADVOCATE SR : 33037 Sml SR : 26.09.2011 : 2p/5c Order made in W.P.(MD).No.10964 of 2011 Dated:- 26.09.2011 https://hcservices.ecourts.gov.in/hcservices/