1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22/12/2011 C O R A M THE HONOURABLE MR.JUSTICE K.N.BASHA AND THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.14723 of 2011 and MP(MD)No.1 of 2011 K. Periyakaruppan ... Petitioner Vs 1. The Senior Regional Manager, Tamil Nadu State Marketing Corporation, (TASMAC) Madurai. 2. The District Collector, Ramanathapuram District, Ramanathapuram. 3. The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC) Ramanathapuram. ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to forbear the respondents from in any way establishing or locating a TASMAC liquor shop cum bar in Door No.597/3-43-A5 Aathupalam West, Ilayangudi Road, Paramakudi, Ramanathapuram District. For petitioner : Mr.M.Ajmal Khan For Respondents : Mr.M.Muniasamy for R.R.1 and 3. Mr.S.Chandrasekaran, GA for R.2. J U D G M E N T [Judgment of the Court was delivered by K.N.BASHA,J] The petitioner has come forward with this writ petition, seeking for the relief to forbear the respondents from in any way establishing or locating a TASMAC liquor shop-cum-bar in Door No.597/3-43-A5 Aathupalam West, Ilayangudi Road, Paramakudi, Ramanathapuram District. 2. By mutual consent of the learned counsel for the parties, the main writ petition itself is taken up for final hearing at the time of admission itself. 3.Heard the learned counsel appearing for the first and third respondents and the learned Government Advocate for the second respondent, on the submissions made by the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned counsel 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 petitioner is a resident of Aathupalam West (River bridge), Paramakudi and he is a daily wage employee. It is submitted that in the said locality, hundreds of families professing different religion has been living in this area and also, there is a Temple by name Sri Sankara Vinayagar Temple and an Elementary School by name Sri Sankara Vidyalaya is situated in the same area. 5. The learned counsel appearing for the petitioner would submit that TASMAC shop-cum-bar bearing Shop No.6811 was functioning at Door No.597/3-43-A5, Aathupalam West and it was being run by some influential person in that area. It is submitted that the residence of that locality and the devotees of that area made several objections to the respondents about the functioning of the shop and made repeated representations to shift the shop. 6. It is contended that on such objection and request made by the residents of that locality, the official respondents came forward to redress their grievance and took efforts to shift the shop in Shop No.6811 located at Door No.597/3-43-A5 to Gandhiji Road, Paramakudi and it was shifted to that place. It is submitted that the third respondent has passed an order in his proceedings in Na.Ka.No.A3/65/2011 dated 5/12/2011 and the Door No.597/3-43-A5 was lying vacant. 7. It is further contended that such being the position, another TASMAC shop No.6807 was functioning at Aathupalam East and the official respondents are taking hectic efforts to shift the shop No.6807 to Door No.597/3-43-A5, Aathupalam West and as such, the petitioner has preferred a representation to the official respondents on 15/12/2011 and till date, no action was taken on such representation. It is contended that, there is a likelihood of opening the TASMAC shop in the said locality as the official respondents are taking serious efforts and as such, the petitioner has been constrained to approach this Court by way of the present writ petition. 8. The learned Government Advocate would submit that the shop bearing No.6811 which was functioning at Door No.597/3-43-A5, Aathupalam West was already shifted. It is contended that as on date, there is no proposal to once again open the TASMAC shop in the very same place. 9. We have carefully considered the submissions made by the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents 1 and 3 and the learned Government appearing on behalf of the second respondent and perused the materials available on record. 10. The fact remains that as per the grievance of the petitioner and other residents and devotees, the Shop bearing No.6811 functioning at Door No.597/3-43-A5 Aathupalam West was already shifted, even as per the admitted submission of the petitioner herein. However, it is further submitted that in respect of Shop No.6807, the respondents herein are taking hectic efforts to reopen the shop in the very same premises bearing Door No.597/3-43-A5. It is brought to the notice of this Court https://hcservices.ecourts.gov.in/hcservices/ 3 by the learned Government Advocate that there is no such proposal to bring the shop No.6807 in the very same premises. However, it is seen that the petitioner has already made a representation dated 15/12/2011 stating that the official respondents are taking hectic efforts to bring the shop No.6807 in the very same disputed place viz., the premises bearing No.597/3-43-A5 Aathupalam West. 11. In view of the same, this Court, without going into the merits of the representation of the petitioner dated 15/12/2011 and without expressing any view on such representation, this Court is constrained to direct the petitioner to submit a copy of the representation dated 15/12/2011 to all the respondents within a period of seven days from the date of receipt of a copy of this order and on receipt of the same, the respondents herein are directed to consider the same, by affording opportunity to the petitioner and to other relevant parties and pass orders on merits and in accordance with law within a period of eight weeks thereafter. Till such time, there shall be an order of status-quo in respect of opening of TASMAC shop at the premises bearing Door No.597/3-43-A5 Aathupalam West. 12. The writ petition is disposed of accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AS) / True Copy / Sub Assistant Registrar To 1. The Senior Regional Manager, Tamil Nadu State Marketing Corporation, (TASMAC) Madurai. 2. The District Collector, Ramanathapuram District, Ramanathapuram. 3. The District Manager, Tamil Nadu State Marketing Corporation, (TASMAC) Ramanathapuram. +1CC TO MR.M.AJMAL KHAN, ADVOCATE SR : 45510 +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR : 45977 Mvs SR : 02.01.2012 : 3p/6c W.P.(MD) N0.14723 of 2011 and MP(MD)No.1 of 2011 22/12/2011 https://hcservices.ecourts.gov.in/hcservices/