1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8692 of 2011 and M.P(MD)No.1 of 2011 M.Murugan .. Petitioner Vs. 1.The Manager, TASMAC, Tamil Nadu Marketing Corporation, Madurai District. 2.The District Collector, Madurai District, Madurai. 3.The Commissioner, Prohibition and Excise, Chepak, Chennai. 4.The Secretary, Govt. of Tamil Nadu, Prohibition and Excise, Secretariat, Chennai. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the first respondent in any way establishing new Tasmac shop No.5171 near the existing Tasmac shop No.5248 by considering the representation dated 26.07.2011 submitted by the petitioner. For Petitioner : Mr.B.Chandra Mohan For R-1 : Mr.Muniasamy For R-2 to R-4 : Mr.M.Govindan, Special Govt. Pleader O R D E R This Writ Petition has been filed to forbear the first respondent in any way establishing new TASMAC Shop No.5171 near the existing TASMAC Shop No.5248 by considering the representation of the petitioner, dated 26.07.2011. 2. Heard Mr.B.Chandra Mohan, learned counsel for the petitioner and Mr.Muniasamy, learned counsel, who appears for the first respondent and Mr.M.Govindan, learned Special Government Pleader, who appears for the respondents 2 to 4. 3. By consent, the Writ Petition itself is taken up for final hearing. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The Writ Petition has been filed by a person claimed to be running a bar attached to the TASMAC shop. 5. The grievance of the petitioner is that the first respondent should not establish a new TASMAC Shop No.5171 near the existing TASMAC Shop No.5248. His grievance has been addressed in the representation, dated 26.07.2011. 6. This Court is not unable to accept the plea of the petitioner to consider his representation for the following reasons: (i) The petitioner is a licencee to conduct bar attached to the TASMACC Shop No.5248. His Right flows from license granted in respect of TASMAC Shop No.5248. He cannot seek direction forbearing the authority from opening another TASMAC shop as per the decision taken by the competent authority. (ii) No provision of law has been shown by the petitioner as to how the establishment of another TASMAC shop near the existing TASMAC shop will be violative of any provision of the Act or the Law. (iii) Merely on the ground that the petitioner's business will be affected, the petitioner cannot maintain a Writ Petition to consider his representation. (iv) Unless the petitioner established a legal right, no Mandamus as sought for by the petitioner in this Writ Petition can be granted. 7. In view of the above, the Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR pm To 1.The Manager, TASMAC, Tamil Nadu Marketing Corporation, Madurai District. 2.The District Collector, Madurai District, Madurai. 3.The Commissioner, Prohibition and Excise, Chepak, Chennai. 4.The Secretary, Govt. of Tamil Nadu, Prohibition and Excise, Secretariat, Chennai. 1CC TO MR. MUNIASAMY, ADVOCATE, SR: 27046: DM::2011:AUGUST:12:: W.P.(MD)No.8692 of 2011 10.08.2011 2P:6C:: https://hcservices.ecourts.gov.in/hcservices/