Madras High Court
S.Ramasubbu vs The District Collector on 8 September, 2017
Bench: K.K.Sasidharan, G.R.Swaminathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.09.2017
CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
AND
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.15306 of 2017
S.Ramasubbu ... Petitioner
Vs.
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The District Manager,
Tamil Nadu State Marketing
Corporation, (TASMAC),
Tirunelveli District. ...
Respondents
Prayer : Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus to direct the respondents to take
necessary steps to shift the TASMAC Shop from the residents place which is
situated at Athiparasakthi Nagar back side, Chelladurai Nagar, Krishnapuram,
Palaiyamkottai Division, Tirunelveli District.
!For Petitioner : Mr.S.Sundarapandian
For Respondents : Mr.T.S.Mohammed Mohideen,
Addl.Govt.Pleader for R1
Mr.B.Jamal Arasu for R2
:ORDER
(Order of the Court was made by G.R.SWAMINATHAN, J.) The writ petitioner seeks a direction for shifting the TASMAC Shop from its current location at Athiparasakthi Nagar back side, Chelladurai Nagar, Krishnapuram, Palaiyamkottai Division, Tirunelveli District.
2.The second respondent filed his counter affidavit denying the allegations made by the writ petitioner. The learned counsel for the writ petitioner was not in a position to point out any statutory violation on the part of the respondents. Only if any statutory violation could be pointed out and substantiated, this Court can direct shifting or closing down of the TASMAC liquor outlet. Since the writ petitioner is not in a position to make out any case, we are constrained to dismiss this writ petition.
3.This writ petition stands dismissed accordingly. No costs.
To The District Collector, Tirunelveli District, Tirunelveli.
.