1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22/12/2011 CORAM THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL WP(MD)No.14850 of 2011 S. Selvin Subash :Petitioner -Vs- 1.The Managing Director, TASMAC, Tamil Nadu State Marketing Corporation, Chennai. 2.The Senior Regional Manager, TASMAC, TamiL Nadu State Marketing Corporation, Madurai. 3.The District Manager, TASMAC, Tamil Nadu State Marketing Corporation, Konam, Nagercoil, Kanyakumari District. 4.The District Collector, Nagercoil, Kanyakumari District. :Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents not to open the TASMAC Wine shop and bar in Innasi Thanu Street, Keela Raman Puthur, Nagercoil, Kanyakumari District. For petitioner:Mr.A.Muthu Esakki For Respondent:Mr.M.Muniasamy for R.R.1 to 3 Mr.S.Chandrasekaran,GA for R.4. ORDER [Order of the Court was made by K.N.BASHA,J] The petitioner has come forward with this petition seeking for the relief of a direction to the respondents not to open the TASMAC Wine shop and bar in Innasi Thanu Street, Keela Raman Puthur, Nagercoil, Kanyakumari District. 2.By mutual consent of the learned counsel appearing for the petitioner, Mr.M.Muniasamy appearing for the respondents 1 to 3 and Mr.S.Chandrasekaran, learned Government Advocate appearing for the fourth respondent, the main writ petition itself is taken up for final hearing, at the admission stage itself. 3.The learned counsel appearing for the petitioner would submit that the petitioner has come forward with this petition by way of a public interest litigation. It is contended that the respondents 1 and 2 are taking effective steps to open the TASMAC shop at Innasi Thanu Street, Keela Raman Puthur, Nagercoil, Kanyakumari District and the said premises is surrounded by St.Lourdh Matha Church, a School by name St. Rita Convent, St. Lourdh Matha Trust and Jesanth Hospital. It is contended that in view of the same, the petitioner raised an objection and sent a representation dated 16/12/2011 to the https://hcservices.ecourts.gov.in/hcservices/ 2 fourth respondent, but till date, no action was taken and there is an apprehension of opening a TASMAC shop in the above said place and as such the petitioner has constrained to approach this Court. 4.Heard Mr.M.Muniasamy, learned counsel appearing for the respondents 1 to 3 and Mr.S.Chandrasekaran for the fourth respondent on the submissions made by the learned counsel appearing for the petitioner. 5.The fact remains that the petitioner has come forward with the grievance to the effect that the respondents 1 and 2 are taking effective steps to open the TASMAC shop at Innasi Thanu Street and the said premises is surrounded by St.Lourdh Matha Church, a School by name St. Rita Convent, St. Lourdh Matha Trust and Jesanth Hospital. It is pertinent to note that the petitioner has also preferred a representation dated 16/11/2011 to the fourth respondent herein, but till date, no action has been taken. 6.Considering the submissions of the facts and circumstances of the case, without going into the merits and without expressing any view on the representation of the petitioner dated 16/12/2011, we are constrained to direct the fourth respondent herein to consider the representation of the petitioner dated 16/12/2011 by affording an opportunity to the petitioner and other relevant parties and pass 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. It is made clear that till such time, the respondents 1 to 3 shall not open any TASMAC shop in the disputed premises. 7.The writ petition is disposed of accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar / TRUE COPY / Sub Assistant Registrar To: 1.The Managing Director, TASMAC, Tamil Nadu State Marketing Corporation, Chennai. 2.The Senior Regional Manager, TASMAC, TamiL Nadu State Marketing Corporation, Madurai. 3.The District Manager, TASMAC, Tamil Nadu State Marketing Corporation, Konam, Nagercoil, Kanyakumari District. 4.The District Collector, Nagercoil, Kanyakumari District. +1CC to Mr.A.Muthu Esakki, Advocate. SR.No.45436. RP/09.01.2012/2P/6C. W.P.(MD) N0.14850 of 2011 https://hcservices.ecourts.gov.in/hcservices/