1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2011 CORAM: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.12379 of 2011 M.Ramalingam .. Petitioner Vs. 1.The 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. 3.The Deputy Managiner IMFS Depot, TASMAC Ltd., Tamil Nadu Ware Housing Corporation, Kappalur, Thirumangalam Taluk, Madurai District. 4.The District Collector, Madurai District, Madurai. 5.The Superintendent of Police, Madurai District, Madurai. .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to remove the liquor shop bearing license No.5514 situated at Highway Main Road in Patta No.892 in Door No.3/172, Maruthi Nagar, Sivarakottai, Madurai District at the earliest. For Petitioner : Mr.P.Rathinam For Respondents : Mr.Muniasamy (R1 to R3) For Respondents : Mr.R.Karthikeyan (R4 to R5) Addl.Govt.Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner has come up with the above writ petition, seeking a Writ of Mandamus to direct the respondents to remove the liquor shop bearing license No.5514 located at Door No.3/172, Maruthi Nagar, Sivarakottai, Madurai District. 2. Heard Mr.P.Rathinam, learned counsel for the petitioner, Mr.R.Karthikeyan, learned Additional Government Pleader and Mr.Muniasamy, learned standing counsel for the TASMAC. 3. On 01.11.2011, when the writ petition came up for hearing, I directed the counsel for the petitioner to serve the papers on the standing counsel for the resp`ondent. Thereafter the matter came up on 03.11.2011. On that date, the learned standing counsel sought time. Hence it is posted today. 4. The grievance of the petitioner is that the liquor shop is located in an important junction in the District and there are Schools and Places of worships, near the liquor shop. The President of the Village Panchayat had also given a representation dated 27.06.2011, and the women of the Village had also sent representations. But these representations did not evoke any response. Therefore, the petitioner has come up with the above writ petition. 5. The allegation of the petitioner that there is a violation of Rule 8 of the Tamil Nadu Liquor Retail Vending Rule, 2003, has gone uncontroverted. The representations of the women folk of the Village and the President of the Village Panchayat show that it is adjoining places of worship and Schools. The location of the liquor shop is also in a place where there is every possibility of accident happening, as people had to cross the highway from their Village to reach the shop. While it is possible for the villagers to cross the highway for reaching the shop it may not be possible for them to return back after consumption. Therefore, the writ petition is allowed, a direction is issued to the respondents to shift the shop bearing license No.5514 situated at Highway Main Road in Patta No.892 in Door No.3/172, Maruthi Nagar, Sivarakottai, Madurai District, within a period of four weeks, from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Chairman and Managing Director, 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 Deputy Managiner IMFS Depot, TASMAC Ltd., Tamil Nadu Ware Housing Corporation, Kappalur, Thirumangalam Taluk, Madurai District. 4.The District Collector, Madurai District, Madurai. 5.The Superintendent of Police, Madurai District, Madurai. +1 CC to Special Government Pleader (SR.No.38506) +1 CC to Mr.P.Rathinam, Advocate (SR.No.38886) W.P.(MD)No.12379 of 2011 08.11.2011 MPK NSV/30.11.11/3P/8C https://hcservices.ecourts.gov.in/hcservices/