LAWS(MAD)-2019-6-478

RAMALINGAM Vs. DISTRICT COLLECTOR

Decided On June 20, 2019
RAMALINGAM Appellant
V/S
DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) A retired Government servant, claiming himself to be a public interest litigant, has sought for a writ of mandamus, directing the respondents herein to close TASMAC Shop No.4047 situated in Survey No.16/1, Vayalaur Village, Kancheepuram District, in a place classified as Government Porambokke. According to him, shop is located in the midst of residential area abutting the main road. On account of the public agitation, shop was closed. However, within a short span of time, District Manager, TASMAC, Kancheepuram, has again reopened the said TASMAC shop. Therefore, public again conducted a demonstration and opposed the location of the shop. In this context, petitioner has also made a representation dated 29.08.2018 to the District Collector, Kancheepuram District, 1st respondent to take necessary action, and to close the shop.

(2.) According to the petitioner, location of the shop causes threat to general public and nuisance to others. Petitioner made yet another representation dated 03.05.2019 to the District Collector, Kancheepuram District, 1st respondent. As the representations remain unanswered, petitioner has sought for the relief as stated supra.

(3.) Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 deals with grant of licence for vending liquors in shops and bars. Rule 8 of the said rules deals with location of shops. Rule 9 speaks about the shifting of shops.