Madras High Court
M.Nagarajan vs The Managing Director on 16 April, 2024
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD) No.31330 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.04.2024
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No.31330 of 2023
and
W.M.P.(MD)Nos.26882 & 26883 of 2023
M.Nagarajan ... Petitioner
Vs.
1.The Managing Director,
Tamil Nadu State Marketing Corporation
(TASMAC) Ltd.,
4th Floor, CMDA Tower-II,
Egmore, Chennai - 600 008.
2.Regional Manager,
TASMAC Ltd.,
Plot No.100, Anna Nagar,
Madurai - 625 020.
3.The District Manager,
TASMAC Ltd.,
139, Master Plan Complex,
Madurai-Rameshwaram Road,
Sakkarai Kottai Village,
Ramanathapuram District – 623 503. ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India for
issuance of a Writ of Certiorarified Mandamus calling for the records
proceedings pertaining to the impugned memorandum in
_____________
https://www.mhc.tn.gov.in/judis
Page No. 1 of 5
W.P.(MD) No.31330 of 2023
Na.Kaa.No.A3/0750/BT/2023 dated 21.12.2023 issued by the third
respondent and quashing the same and directing the third respondent to
permit the petitioner to run the Bar attached with TASMAC Retail Liquor
Wending Shop No.6867 in Ramanathapuram District.
For Petitioner : Mr.M.Karthikeya Venkitachalapathy
For Respondents : Mr.S.Sivanesan
Standing Counsel
ORDER
The petitioner has challenged the impugned Memorandum dated 21.12.2023 bearing reference Na.Ka.No.A3/0750/BT/2023 issued by the third respondent.
2. It is informed by the learned counsel for the petitioner that the petitioner was the highest bidder in the Tender for the Bar attached with TASMAC Liquor Shop No.6867 and was given with a Bar Licence. Immediately, after the Bar Licence was granted to the petitioner on 20.12.2023, it appears that the land owner has withdrawn 'No Objection Certificate (NOC)' given to the petitioner and had given a 'No Objection Certificate (NOC)' for the said property in favour of another bidder. _____________ https://www.mhc.tn.gov.in/judis Page No. 2 of 5 W.P.(MD) No.31330 of 2023
3. Pursuant to the interim order passed by this Court on 28.12.2023 in this Writ Petition, the Bar Licence of the petitioner has not been disturbed and therefore, the petitioner continues to operate the Bar under the same premises.
4. It appears that the petitioner decided to shift the Bar to the neighbouring location and gave a representation/application dated 30.12.2023 to the third respondent, enclosing the copy of 'No Objection Certificate (NOC)' from the landlord of the new building where the petitioner proposed to shift the Bar.
5. Considering the same, the third respondent is directed to consider the representation/application dated 30.12.2023 given by the petitioner for shifting the Bar to a new neighbouring location, for which, 'No Objection Certificate (NOC)' is said to have been obtained from the landlord and pass fresh orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. _____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 5 W.P.(MD) No.31330 of 2023
6. Accordingly, this Writ Petition stands disposed of with the above directions. No costs. Consequently, connected Miscellaneous Petitions are closed.
16.04.2024 Index: Yes / No Neutral Citation: Yes / No Speaking Order / Non-Speaking Order JEN Copy To:
1.The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC) Ltd., 4th Floor, CMDA Tower-II, Egmore, Chennai - 600 008.
2.The Regional Manager, TASMAC Ltd., Plot No.100, Anna Nagar, Madurai - 625 020.
3.The District Manager, TASMAC Ltd., 139, Master Plan Complex, Madurai-Rameshwaram Road, Sakkarai Kottai Village, Ramanathapuram District – 623 503.
_____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 5 W.P.(MD) No.31330 of 2023 C.SARAVANAN, J.
JEN W.P.(MD) No.31330 of 2023 and W.M.P.(MD)Nos.26882 & 26883 of 2023 16.04.2024 _____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 5