1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)Nos.631, 972 & 2533 of 2011 AND M.P.(MD)Nos.1,1&1 of 2011 W.P.(MD)Nos.631 of 2011 1.Seeni Ahamed ` ... Petitioner Vs. 1.The Senior Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC), Plot No.100, Anna Nagar, Madurai 20. 2.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC), Manaloor, Ramanathapuram Road, Madurai. 3.The District Collector, District Collectorate Madurai District. 4.V.Govindan. ... Respondents (*R1&R2 causetitle amended vide order dated 02.02.2011) (*R4 impleaded vide order dated 14.02.2011.) Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents carrying on liquor business through the wineshop bearing license No.512 situated opposite of Madurai Mattuthavani Bus stand consequently direct the respondents to proceed with the same within the time stipulated by this Court. For Petitioner : Mr. S.M.A.Jinnah For Respondents : Mr. V.Karthikeyan (R1 & R2) For Respondent-3 : Mr. M.Rajarajan Govt.Advocate For Respondent-4 : Mr.K.Radhakrishnan https://hcservices.ecourts.gov.in/hcservices/ 2 W.P.(MD)Nos.972 of 2011 M.Kamal ... Petitioner Vs. 1.The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), Chennai – 600 008. 2.The District Collector, Madurai District. Madurai. 3.The Divisional Manager, Tamil Nadu State Marketing Corporation (TASMAC), Madurai. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to shift the TASMAC liquor shop cum bar bearing license No.5123 situated opposite of Mattuthavani Bus, Melur Road, Madurai adjacent to Madurai Mattuthavani Sunnath Val Jamath Mosque to any other place within the time stipulated by this Court. For Petitioner : Mr. M.Ajmal Khan For Respondents : Mr. V.Karthikeyan (R1 & R3) For Respondent-2 : Mr. M.Rajarajan Govt.Advocate W.P.(MD)Nos.2533 of 2011 M.Seemi Nainer Mohammed .. Petitioner -Vs- 1.Tamil Nadu State Marketing Corporation (TASMAC) Ltd., Rep.by its Chairman and Managing Director, Thalamuthu Natarajar Building, Egmore, Chennai- 600 008. 2.The Chief Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC), Chief Regional Office, IMFS Depot, TASMAC Ltd., Tamil Nadu Ware Housing Corporation, Kappalur,, Thirumangalam Taluk, Madurai District. https://hcservices.ecourts.gov.in/hcservices/ 3 3.The Deputy Manager, IMFS Depot, TASMAC Ltd., Tamil Nadu Ware Housing Corporation, Kappalur, Thirumangalam Taluk, Madurai. 4.The District Collector, Madurai District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents from carrying on liquor business thourgh the wineshop bearing license No.512 situated opposite of Madurai Mattuthavani Integrated Bus Stand and consequently direct the respondents to proceed with the same within the time stipulated by this Court. For Petitioner : Mr. R.Venkatesan For Respondents : Mr. V.Karthikeyan (R1 to R3) For Respondent-4 : Mr. M.Rajarajan Govt.Advocate COMMON ORDER (Order of the Court was made by N.PAUL VASANTHAKUMAR,J.) These Writ Petitions are filed praying for a direction forbearing the respondents from carrying on liquor business through the wineshop bearing license No.5123 situated opposite to Madurai Mattuthavani Bus stand consequently, direct the respondents to proceed with the same within the time frame. 2.It is the case of the petitioners that the respondents 1 and 2 are running a liquor shop bearing license No.5123 opposite to Madurai Mattuthavani Bus stand, near Jimma Pallivasal, where the Muslim community people offer their prayers. The said wineshop is open from 8.00 a.m., upto midnight on all days and due to functioning of the liquor shop, the general public, worshippers, school going students, road users are put to untold hardships, particularly, ladies. 3. Relying on Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, which states that no shop shall be established in Municipal Corporations and Municipalities within a distance of 50 meters and in the other areas 100 meters from any place of worship or educational institutions and the present liquor shop is located is next door to the Jimma Pallivasal. Therefore, the liquor shop is ordered to be shifted to some other place. 4.The respondents have filed a counter affidavit stating that the Mosque was constructed without permission and is functioning, which cannot be treated an objection in accordance with Rule 8 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003. Even such an objection was raised earlier. https://hcservices.ecourts.gov.in/hcservices/ 4 5.Today the second respondent has filed an affidavit signed on 02.03.2011 stating that six months time may be given to relocate the Shop.No.5123 from the present place to any another unobjectionable place and time is required to find out unobjectionable place. 6. The learned counsel appearing for the petitioner objected the request regarding six months period and submitted that reasonable time may be given to reshift the shop. 7.Taking note of the difficulties expressed by the second respondent, these writ petitions are disposed of giving direction to the respondents to shift the liquor shop No.5123 to any other unobjectionable place within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the shop is unable to shift at any other unobjectionable place, the liquor to be closed on expiry of eight weeks time. 8.The writ petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1. The Chairman and Managing Director, The Tamil Nadu State Marketing Corporation (TASMAC) Ltd., Thalamuthu Natarajar Building, Egmore, Chennai- 600 008. 2.The Chief Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC), Chief Regional Office, IMFS Depot, TASMAC Ltd., Tamil Nadu Ware Housing Corporation, Kappalur,, Thirumangalam Taluk, Madurai District. 3.The Senior Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC), Plot No.100, Anna Nagar, Madurai 20. 4.The District Manager, Tamil Nadu State Marketing Corporation (TASMAC), Manaloor, Ramanathapuram Road, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 5 5.The Divisional Manager, Tamil Nadu State Marketing Corporation (TASMAC), Madurai. 6.The Deputy Manager, IMFS Depot, TASMAC Ltd., Tamil Nadu Ware Housing Corporation, Kappalur, Thirumangalam Taluk, Madurai. 7.The District Collector, District Collectorate Madurai District. +3CC TO THE SPECIAL GOVERNMENT PLEADER, SR.11575 TO 11577 +3CC TO M/S.T.RAVINDRAN, ADVOCATE SR.11093 TO 11095 +1CC TO MR.R.VENKATESAN, ADVOCATE 11184 +1CC TO MR.M.AJMALKHAN, ADVOCATE SR.11245 Mpk SR : 15.03.2011 : 5p/16c : IT W.P.(MD)Nos.631, 972 & 2533 of 2011 03.03.2011 https://hcservices.ecourts.gov.in/hcservices/