1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9753 of 2011 and M.P.(MD)No.1 of 2011 M.Arputhasamy : Petitioner Vs. The District Manager, TASMAC, Thanjavur District, Thanjavur. : Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, forbearing the respondent form shifting TASMAC shop No.7856 from the premises of the petitioner situated at Door No.157/C, Muthupettai Road, Pattukkottai Taluk, Thanjavur District. For Petitioner : Mr.M.R.S.Prabhu For Respondent : Mr.M.Muniasamy Standing Counsel ORDER The petitioner, who is the owner of the building in Door No.157/C, Muthupettai Road, Pattukkottai Taluk, Thanjavur District and the lessor of TASMAC Shop No.7856 and the bar, has come forward with the present Writ Petition for a Mandamus, forbearing the respondent from shifting the TASMAC shop No.7856 from his premises, contending inter alia that he has spent more than Rs.2,00,000/- for modifying the structure to locate a TASMAC shop and bar. He has also alleged that due to political change, the District Manager, TASMAC, Thanjavur District, has decided to shift the shop to some other place. He has also submitted that there is no complaint from the public regarding the running of TASMAC shop in his place. 2. Heard the learned counsel for the petitioner. There is absolutely no merit in the Writ Petition. Merely because an IMFL Shop No.7856 along with the bar was located in his premises, that would not give any legal or statutory right to the petitioner to contend that it should be in the said place. As per the terms and conditions of the tender notification issued by the District Manager, TASMAC, the intending bidders, for grant of licence to run the bars attached to IMFL shops, have to submit No Objection Certificates from the respective land owners https://hcservices.ecourts.gov.in/hcservices/ 2 along with the tender schedules. The petitioner, who is a lessor, has no legal or statutory right to insist that IMFL Shop No.7856 has to be located only in his premises. Such non-existence right cannot be sought to be enforced by way of Mandamus. The Writ Petition is wholly misconceived and hence, the same is liable to be dismissed. Accordingly, the Writ Petition stands dismissed. Consequently, the connected miscellaneous petition is also dismissed. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar(CS) To The District Manager, TASMAC, Thanjavur District, Thanjavur. SML GH : 29.08.2011 : 2p/2c Order made in W.P.(MD).No.9753 of 2011 Dated:- 26.08.2011 https://hcservices.ecourts.gov.in/hcservices/