S GANESAN Vs. DISTRICT MANAGER TASMAC LTD

JUDGEMENT

(1.) THE writ petition is directed against the order of the first respondent in his ref.No.Na.No.420/2009-R7 wrongly dated as 08.02.2009 signed on 08.02.2010 and order dated 08.03.2010 passed in ref.No.Na.Ka.En.129/2010-R2 in and under which the petitioner was directed to file suitable place to shift IMFL shop No.4376 situated in Door.No.6, GST Road, Tambaram Sanatorium under licence No.Na.489/06-R6 dated 02.12.2009 and on his failure to do so cancelled his bar licence w.e.f. 08.03.2010.

(2.) THE petitioner herein is the holder of bar license in respect of IMFL.RV shop No.4376 which was originally located at one of the buildings situated at Ponniamman Koil street, Kavanthandalam Village, Uthiramerur Taluk, belonging to one Thiru.G.Nagappan and as the owner of the building insisted for vacant possession of the property, the shop was proposed to be shifted to Avalur Village, Kannadian Kudimai. As the residents of the particular village along with their Panchayat president raised serious objection to locate the shop in the said place, the shop was temporarily closed. THEreafter, the present building by Door.No.6, GST Road, Tambaram Sanatorium was at the instance of the petitioner herein who is the lessee under the owner of the property Thiru. Ekambaram, inspected to ascertain the suitability and the same was duly inspected by the authority concerned and was according to the officials concerned, found to be suitable and well within the norms and was hence selected for the location of the shop.

(3.) IN the mean time the bar licence was issued to the petitioner herein by order dated 02.12.2009 and the petitioner commence his business in the same building, however, in pursuance of the order of the High Court dated 02.12.2009 the District Collector issued notice dated 18.09.2009 calling upon both the petitioner and the 3rd respondent herein for personnel hearing and the same is followed by the notice dated 08.02.2010, thereby calling upon the bar licence holder who is the petitioner herein to shift his shop from the present address within 15 days and on the failure of the petitioner to do so, cancelled his bar licence and the both the orders dated 08.02.2010 and 08.03.2010 are now challenged herein.