1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.(MD).No.9307 of 2011 and M.P.No.2 of 2011 1.Karthikeyan 2.M.Suruliammal : Petitioners Vs. 1.The Managing Director, (TASMAC), Tamil Nadu State Marketing Corporation Ltd., Chennai. 2.The Senior Regional Manager, (TASMAC), Tamil Nadu State Marketing Corporation Ltd., Madurai. 3.The District Manager, District Manager Office, (TASMAC), Karuvelnayakkanpatti, Tamil Nadu State Marketing Corporation Ltd., Theni District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus forbearing the third respondent from shifting IMFL Shop No.8561 functioning at Door No.21-A 3/19, Kalavasal Road, Cumbum to Door No.4E.11/4 Odai Street, Near Amaravathi Theatre, Cumbum, Theni District, situated in the residential area close to Arulmigu Goumariamman Temple, Cumbum Theni District, contra to Rules 8 and 9 of Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003. For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.R.Karthikeyan Additional Government Pleader O R D E R ********** [Order of the Court was made BY P.JYOTHIMANI, J] Mr.R.Karthikeyan, learned Additional Government Pleader, takes notice on behalf of the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 2 2. In respect of shifting of TASMAC Shop No.8561, stated to be functioning as on date at Door No.21-A 3/19, Kalavasal Road, Cumbum, to a new place at Door No.4E.11/4, Odai Street, Near Amaravathi Theatre, Cumbum, Theni District, it is the complaint of the petitioners that it is not only near the residential area, but it is within 100 metres from a temple called as "Arulmigu Goumariamman Temple", Cumbum, Theni District, which is against the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003. In this regard, the petitioners have made a representation to the third respondent on 28.07.2011. 3. The petitioners have made a representation to the third respondent. However, he cannot consider the shifting of TASMAC shop and since the District Collector is the competent authority for the purpose of effecting shifting of TASMAC Shop, it is for the petitioners to make a representation to the District Collector, Theni and if any such representation is made within a period of one week from the date of receipt of a copy of this order and in the meantime, if the shifting of TASMAC Shop is not effected, it is for the District Collector, Theni, to consider the same and pass appropriate orders on merits and in accordance with law, before effecting shifting of TASMAC Shop No.8561. The Writ Petition stands disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The Managing Director, (TASMAC), Tamil Nadu State Marketing Corporation Ltd., Chennai. 2.The Senior Regional Manager, (TASMAC), Tamil Nadu State Marketing Corporation Ltd., Madurai. 3.The District Manager, District Manager Office, (TASMAC), Karuvelnayakkanpatti, Tamil Nadu State Marketing Corporation Ltd., Theni District. 4.The District Collector, Theni NB rl/5c – 29.8.2011 ORDER MADE IN W.P.(MD).No.9307 of 2011 18.08.2011 https://hcservices.ecourts.gov.in/hcservices/