Madras High Court
Uni5 Flat Owner'S Associaton vs The District Collector on 19 April, 2021
Author: Anita Sumanth
Bench: Anita Sumanth
W.P. No.5309 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P. No.5309 of 2021
and
WMP. No.5876 of 2021
Uni5 Flat Owner's Associaton,
Represented by its Vice President,
G.Krishnakumar,
At 146/2, Railway Station Road,
Near Radha Thetre,
Korattur, Chennai 600 080.
.... Petitioner
Vs.
1.The District Collector,
Thiruvallur District,
Thiruvallur.
2.The District Manager,
Tamil Nadu State Marketing Corporation Limited,
TASMAC, Thiruvallur District, Thiruvallur.
3.The Managing Director,
Tamil Nadu State Marketing Corporation Limited,
CMDA Tower-II, Chennai.
.... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to
Writ of Mandamus to restraing the respondents from carrying works to establish or
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W.P. No.5309 of 2021
re-locating or granting license for Liquor Retail outlet shopt -TASMAC with bar in
the petiitoner's residential area, at No.63, Railway Station Road, Near Radha Thetre,
Korattur, Chennai – 600 080.
For Petitioner : Mrs.Meera Gnanasekar
For Respondents : Mr.R.P.Prathap Singh,
Government Advocate for R1
Mr.K.Sathish Kumar,
Standing Counsel for R2 & R3
ORDER
The petitioner prays for a Mandamus restraining the respondents from re-locating or granting a licence for liquor retail outlet shop with bar in the residential area at Railway Station Road, Near Radha Thetre, Korattur, Chennai 600 080.
2. The District Manager and Managing Director of TASMAC arrayed as R2 & R3 respectively have filed a memo dated 15.04.2021, through Standing Counsel stating as follows:
'1. It is respectfully submitted that the prayer sought for in this Writ Petition is to issue a Writ of Mandamus directing to restraining the respondents from carrying works to establish or re-locating or granting license for liquor retail outlet shop-TASMAC with bar in the petitioner's residential area at No.63, Railway station Road, near Radha Theatre, Korattur, Chennai 600 080.2/6
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2. It is submitted that during the pedency of this writ petition, the nd 2 respondent/District Manager, issued a letter in Na.Ka.No.A4/0857/2020, dated 09.04.2021 stating that the Shop No.8864 was initially functioned at 13/14, Vedhagiri Avenue, Madhavaram, Chennai -60 and subsequently steps were taken to re-
located at No.63 Railway station Road, Near Radha Thetre, Korattur, Chennai 600 080. While opening the shop there was an objection from the petitioner Association and therefore considering the same it was dropped and allowed to function in existing place at 13/14, Vedhagiri Avenue, Madhavaram, Chennai -60 and the copy of the letter is annexed herewith.
In the above said circumstances, it is prayed that this Hon'ble Court may be pleased to dispose the Writ Petition by recording the Memo and thus render justice.'
3. Thus in light of the confirmation by the respondents to the effect that they do not propose to re-locate the shop bearing No.8864 (though no specific number has been referred to by the petitioner in the writ petition, learned counsels would concur on the position that this is a shop being referred to by both parties) the proposal to re-locate the same is not pursued.
4. The proposal had initially been confirmed by order dated 29.01.2021 reading as follows:
'Proceedings of the District Collector, Chennai – 600 001 Present:- Tmt.R.Seethalakshmi, I.A.S., L6/26111/2020 Dated: 29.01.2021 Sub: Prohibition and Excise Department – Chennai District-
Ambattur Taluk – Relocate of Shop No.8864, situated at Door No. 64, South Railway Station Road, Korattur, Chennai – 80- Orders issued – Regarding.
Read: 1.G.O.Ms.No.32, Home, Prohibition and Excise (VI) Department, dated 21.05.2018
2. Proposals received from District Manager, TASMAC ltd, Thiruvallur (East), Lr.No.857/A3/2020, dated 16.11.2020.3/6
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3. Inspection notes of the Taluk Excise Officer, Ambattur Taluk, Chennai, dated 20.11.2020.
4. Deputy Commissioner (Excise), Chennai District, Inspection dated 30.11.2020.
****** Order:
In the reference 2nd cited above, District Manager, TASMAC Ltd, Thiruvallur (East) has reported that a shop measuring about 352 sq.ft. Owned by Tmt.D.Ganjendrababu has been identified for relocating TASMAC Retail Vending Shop No.8864, at Survey No.147, situated at Door No.64, South Railway Station Road, Korattur, Chennai -80 and the lessee has consented to let out the above place for located TASMAC Retail Vending Shop.
The RV shop No.8864 was previously functioning at Door No.13/14, Vedhagiri Avenue, Madhavaram, Chenai – 60 and decided to relocate due to place constraint.
The District Manager, TASMAC Ltd, Chennai Tiruvallur (East), has recommended for opening of the shop No.8864 at Door No.64, South Railway Station Road, Korattur, Chennai -80 as the above location of shop satisfied the Rules 8 (1) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules 2003. The Shop is located far Away from worship places and there is no Education Institution within 50 mtrs and there is no public objection for the above location of shop and also the Inspector of Police, T3, Korattur Police Station, Chennai -80 has given “ No Objection Certificate” for opening of the said Shop.
The proposed Shop No.8864 is located on 180 mtrs away from SHU-148 Highway (i.e. South Railway Station Road, within 59.6 Kms to 81.6 Kms State Highway (Urban Stretches). The total length of this Highway road is 22 Kms only This is abandonedNational Highway NH-
205. This is essentially a city road now and does not connect city/town with another city/town. The location of the proposed shop No.8864 is as per G.O.(Ms). No.32 Para 17(C).
Besides on 26.11.2020 the Taluk Excise Officer and on 30.11.2020 Deputy Commissioner (Excise) has inspected the premises and has reported as follows:
The opposed Tasmac Shop No.8864 is located in the land owned by Thiru.D.Gajendrababu with an extent of 352 sq.ft situated at Door No.64, South Railway Station Road, Korattur, Chennai -80. The proposed shop has been leased out to TASMAC IMFL retail shop for rent vide rental agreement executed between Thiru. D.Gajendrababu and the District Manager, TASMAC Ltd., Thiruvallur (East).
(i) The proposed shop is built with RCC Rof.4/6
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(ii) The proposed shop is to an extent of 352 Sq.ft.
(ii) The boundaries of the shop are detailed below:
North by : S.Muthu Niakcer reaming plot South by : 20 feet Road East by : South Railway Station Road West by : S.Muthu Naicker remaining plot The Deputy Commissioner (Excise) and Taluk Excise Officer, Ambattur Taluk have recommended for opening of IMFL Shop No.8864, situated at Door No.64, South Railway station Road, Korattur, Chennai
-80 of as the proposed site is located as per G.O.(MS) No.32 and satisfied the Rule 8 (1) of Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules 2003.
The enquiry also reveals that the proposed IMFL Tasmac Shop No.8864 situated at Door No.64, South Railway Station Road, Korattur, Chennai -80 will generate viable source of income to the Government.
Hence based on the recommendation of the District Manager TASMAC Thiruvallur (East) and NOC issued by T3, Korattur Police Station, it is ordered to run the proposed IMFL Tasmac Shop No.8864, at Door No.25, South Railway Station Road, Korattur, Chennai -80 under the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules 200.
Sd/-R.Seethalakshmi District Collector, Chennai District /By order/ Deputy Commissioner (Excise), Chennai District.
To The District Manager, TASMAC Ltd, Thiruvallur (East), Copy to:
The Senior Regional Manger, Tamil Nadu State Marketing Corporation, No.735, L.L.A, Building, 2nd Floor, Anna Salai, Chennai – 58.' 5/6 https://www.mhc.tn.gov.in/judis/ W.P. No.5309 of 2021 Dr.ANITA SUMANTH, J.
rkp
5. In light of undertaking given vide memo dated 15.04.2021, order dated 29.01.2021 fails and becomes in-operative. The mandamus sought for stands achieved and the writ petition is allowed. Connected Miscellaneous Petitions are closed. Connected Miscellaneous Petition is also closed. No costs.
19.04.2021 rkp Index:Yes/No Speaking order/Non speaking order To
1.The District Collector, Thiruvallur District, Thiruvallur.
2.The District Manager, Tamil Nadu State Marketing Corporation Limited, TASMAC, Thiruvallur District, Thiruvallur.
3.The Managing Director, Tamil Nadu State Marketing Corporation Limited, CMDA Tower-II, Chennai.
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