1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 09..03..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.1439 of 2011 and M.P.(MD)No.1 of 2011 M. Rajasekaran, S/o. Mani, Thiruvathavoor Post, Melur Taluk, Madurai District. ..... Petitioner - Vs - 1. The District Collector, Madurai District,Madurai. 2. The Assistant Commissioner, TASMAC Department, District Collectorate Office, Madurai - 20. 3. P. Kumarasamy Raja,S/o. Ponniyan, Middle Street, Thiruvathavoor Post, Melur Taluk, Madurai District. ......Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents No.1 and 2 herein to take an appropriate action on the basis of the representation of the public dated 13.09.2010 and 31.01.2011 and shift the TASMAC wine shop No.5448 from Thiruvathavoor to Madurai Main Road beginning, Thiruvathavoor Post, Melur Taluk, Madurai District to any other far away place. For Petitioner :: Mr. V. R. Venkatesan For Respondents :: Mr. M. Rajarajan Government Advocate for R-1 Mr. J. Ravindran for R-2 No appearance for R-3 https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R (Order of the Court was delivered by A. ARUMUGHASWAMY, J.) The petitioner has filed this Public Interest Litigation petition for issuance of a Writ of Mandamus to direct the respondents No.1 and 2 herein to take an appropriate action on the basis of the representation of the public dated 13.09.2010 and 31.01.2011 and shift the TASMAC wine shop No.5448 from Thiruvathavoor to Madurai Main Road beginning, Thiruvathavoor Post, Melur Taluk, Madurai District to any other far away place. 2. The case of the petitioner is that initially the second respondent has located the TASMAC wine Shop No.5448 at Manickavasakar Street, Thiruvathavoor. However, subsequently, the said shop was shifted and located at Thiruvathavoor to Madurai Main Road beginning. According to the petitioner, the said shop was located near the residential area and locating the wine shop at the disputed place will affect the public at large. The petitioner contended that the Government Higher Secondary Schools are situated within the prohibited distance and the school going children are going through the said road and the main bus stop for general public is situated very nearby to the wine shop. The grievance of the petitioner is that the public has raised an objection to start the Wine Shop at Thiruvathavoor Main Road beginning and in that regard, they have made representations on 13.09.2011 and 31.01.2011 to the first and second respondents. Since the said representations did not evoke any response, the petitioner has filed this writ petition. 3. The second respondent came forward with a counter affidavit saying that as per the norms only the wine shop has been located and therefore, the question of either shifting or relocating the shop does not arise at all. 4. With the above said background, we perused the petition, affidavit and the counter affidavit filed and considered the submissions of the learned counsel for the petitioner and the respondents. 5. The grievance of the petitioner is that the wine shop is situated within the prohibited distance of the School, Mosque and the residential area. The said contention is disputed by the learned counsel for the second respondent. The disputed question of fact as to whether the Wine Shop is situated within the prohibited distance or not cannot be gone into in this writ petition. Therefore, the first respondent / District Collector, Madurai is directed to consider and dispose of the representations of the public dated 13.09.2010 and 31.01.2011 by way of conducting an appropriate enquiry on merits and in accordance with law, on or before 16.05.2011. https://hcservices.ecourts.gov.in/hcservices/ 3 6. With the above direction, this writ petition is disposed of. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To: 1. The District Collector, Madurai District, Madurai. 2. The Assistant Commissioner, TASMAC Department, District Collectorate Office, Madurai 20 +1cc to Mr.J.Ravindran, Advocate, Sr.No.5667 +1cc to Mr. V.R.Venkatesan, Advocate, Sr.No.5706 +one cc to Special Government Pleader, Sr.No. 5969 W.P.(MD)No.1439 of 2011 and M.P.(MD)No.1 of 2011 dpn/- SMA/29.03.2011/6C/2P https://hcservices.ecourts.gov.in/hcservices/