LAWS(MAD)-2018-9-705

T MUNUSAMY Vs. DISTRICT COLLECTOR KANCHIPURAM DISTRICT

Decided On September 10, 2018
T Munusamy Appellant
V/S
DISTRICT COLLECTOR KANCHIPURAM DISTRICT Respondents

JUDGEMENT

(1.) Instant writ petition is filed for a writ of mandamus, directing the respondents, not to open TASMAC shop, in the proposed location, at No.10 Rajiv Gandhi Salai, OMR, Navalur, Thiruporur Taluk, Kancheepuram District, based upon the representation of the petitioner, dated 20/8/2018.

(2.) Petitioner states that the proposed TASMAC shop is near to National Highway and the road has access to students, studying in nearby Schools. It is stated that TASMAC shop is being located, in violation of Rule 8 of the Tamil Nadu Liquor and Retail Vending (in Shops and Bars) Rules, 2003. Location of the proposed shop is also violative of the judgment, dated 31/3/2017, of the Hon'ble Supreme Court, in C.A.No.12164-12166 of 2016. Hence, representations have been made by the persons in the locality, but the same has not been considered.

(3.) Counter affidavit was called for from the respondents 2 to 4. Relevant portion of the counter affidavit reads thus:-