S SIMON Vs. DISTRICT COLLECTOR, COIMBTAORE

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.

(2.) THE petitioner has stated that nearly 500 families are residing, peacefully, in Mullai Nagar area, in Coimbatore, for over 30 years. Even though Mullai Nagar area is a purely residential area a Tamilnadu State Marketing Corporation Shop No.1715 had been opened in the said area, contrary to the relevant provisions of law. Many antisocial elements, after consuming liquor in the said Tamilnadu State Marketing Corporation shop, have been causing serious disturbances to the local residents and for those who are visiting the area. A number of drunkards have been causing problems to the women and children of the area and to those who are going to the Sivan temple, situated at about 100 feet from the Tamilnadu State Marketing Corporation shop. In spite of several representations having been submitted to the first respondent, on 3.9.2007, 25.2.2008, and 3.7.2010, to shift the Tamilnadu State Marketing Corporation shop from the said residential area to some other place, there has been no response from he first respondent, till date. In such circumstances, the petitioner has preferred the present writ petition before this Court, under Article 226 of the Constitution of India.

(3.) A counter affidavit, dated 15.12.2011, has been filed on behalf of the third respondent, wherein, the averments in the affidavit filed in support of the writ petition have been denied. It has been stated that there is no Sivan temple situated close to the Tamilnadu State Marketing Corporation shop, as alleged by the petitioner. It has also been stated that regular poojas are not performed at the place, said to be a temple. Only a single stone idol had been kept in an open space. There is no disturbance to the worshippers, as alleged by the petitioner.