S MANIVANNAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a writ of mandamus forbearing the respondents from carrying on liquor business through wine shop bearing Licence No.11425 situated at Singavaram Road Sundaravinayagar Koil Street junction, Ginjee, Villupuram District.

(2.) THE petitioner, who is a permanent resident of house bearing Door No.60-C, Singavaram Road, Gingee, has filed this writ petition contending that the wine shop No.11425 is located at Singavaram Road and Sundaravinayagar Koil Street junction, Gingee, which is opposite to District Munsif Court and Additional District Court, Gingee, and within a distance of 50 meters of temples viz., Sundara Vinayagar Temple, Saibaba Mandir, Krishnan Temple and Parasakthy Vazhipattu Mandram. THE petitioner further states that the said wine shop is open from 8.00 a.m. upto mid night on all days and by virtue of the location of the said liquor shop at the said junction, general public, worshippers, school going students and litigants as well as Advocates using the road are put to untold hardships, particularly ladies and girls passing through the said place, as the persons consuming liquor and using the bar attached to it are causing hindrance throughout the day until mid night. It is also averred in the affidavit that often gang fights are going on in the junction and therefore public at large are kept under constant peril and panic. THE Police authorities are looking like spectators as the liquor shop is run by the Government Agency. THE petitioner could not live in his house peacefully and he could not even open his door and windows.

(3.) A reply affidavit was filed by the petitioner stating that 100 houses are located in the area and the wine shop is surrounded by residential buildings and not by commercial buildings. The distance between the District Munsif Court and wine shop is only 30 meters.