Madras High Court
A.Justin Frandis vs The Managing Director on 12 July, 2019
Bench: S.Manikumar, Subramonium Prasad
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2019
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
and
THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.1169 of 2019
W.M.P.No.1329 of 2019
A.Justin Frandis ... Petitioner
v.
1. The Managing Director,
TASMAC Ltd.,
4th Floor, CMDA Tower,
Gandhi Irwin Bridge,
Egmore, Chennai 600 008.
2. The District Collector
Chennai District, Chennai.
3. The District Manager,
TASMAC Limited,
Thiruvallur District,
Thiruvallur.
4. The Inspector of Police,
M5-Ennore Police Station,
Chennai. ... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, issuance of a Writ of Mandamus, forbearing the respondents and
their subordinates from running/establishing the Tasmac Shop No.8858
http://www.judis.nic.in
2
at No.40, 4th Street, Bharath Nagar, Emavoor, Chennai-57 based on the
representation of the petitioner, dated 22.12.2018.
For Petitioner ... Mr.K.Balu
For Respondents 1 & 3 ... Mr.K.Sathish Kumar
For Respondents 2 & 4 ... Mr.Akhil Akbar Ali
ORDER
(Order of the Court was made by S.MANIKUMAR, J) Instant writ petition has been filed for a Mandamus, forbearing the respondents and their subordinates from running/establishing the Tasmac Shop No.8858 at No.40, 4th Street, Bharath Nagar, Emavoor, Chennai-57 based on the representation of the petitioner, dated 22.12.2018.
2. Facts of the case, in a nutshell are as follows:-
More than 4000 people are living in Bharath Nagar, Ernavoor, Chennai, in which, a Vinayagar Temple, belonging to Hindu Charitable and Endowment Trust is situated. Opposite to the said temple and there is a Sagaya Madha School. Tasmac Shop No.8858 is situated along Manali Express road. Respondents 1 to 3 are running the http://www.judis.nic.in 3 said shop, without any name board. The Hon'ble Supreme Court of India has issued directions, with regard to closure of Tasmac shops on National and State Highways, vide Judgment, dated 15.12.2016 and directed all the States/Union Territories to follow the guidelines not to have any liquor shops on National and State Highways. Subsequently, several modification applications were filed in Civil Appeal Nos.12164- 12166 of 2016, dated 15.12.2016 and finally, the order was clarified by the Hon'ble Supreme Court of India, vide order, dated 31.03.2017 in Civil Appeal Nos.12164-12166 of 2016.
3. In view of the said judgment, the respondents are trying to re-locate the liquor shops in adjoining and residential, but the same was objected by the public, as well as residents of concerned area. Despite the objection of people, the respondents have established a Tasmac shop in their locality, which is totally against the interests of public concerned. It is pertinent to note that this Court, vide judgment, dated 16.11.2016 in W.P.No. 26003 of 2015, held as follows:
“The District collector ought to have respected the sentiments and the feelings of the people of the Village and the difficulties experienced by them. When the people have gathered in front of the shops and http://www.judis.nic.in expressed their displeasure over the running of the 4 shops in that place, we cannot allow the shop to run in the said place.” Against the said order, a SLP was filed before the Hon’ble Supreme Court of India and the same was confirmed, by dismissing the appeal filed by the State of Tamil Nadu and therefore, the objections of the residents should be considered by the authorities.
4. The petitioner has further contended that location of Tasmac shops are contemplated the rules of Tamil Nadu Liquor Vending Shops Rules, but none of the rules were followed by the respondents, in the recent scenario. Rule 8(1) of Tamil Nadu Liquor Retail Vending in Shops and Bars Rules, 2003, clearly states that no shops shall be established in Municipal Corporation and Municipalities within a distance of 50 metres and other areas 100 meters from any place of worship or educational institution. Despite that, the respondents are running Tasmac shop No.8858 nearby Arulmigu Vinayagar Temple and that the distance between the temple and said Tasmac shop is only 19 meter.
Therefore, it is contended that the action of the respondents is totally illegal and against their own rules.
http://www.judis.nic.in 5
5. According to the petitioner, in the year of 2017, a five year old girl was kidnapped and murdered and therefore, residents of Bharath Nagar have made several representations to the respondents and made a protest on 01.04.2017 to close Tasmac Shop No.8802 and thereafter, the said Tasmac Shop was closed. But the District Manager, TASMAC Ltd., Thiruvallur, 3rd respondent herein, has re-opened said shop, in the same area, within 19 meter from Arulmigu Vinayagar Temple, which is worshiped by the all the people, particularly women. Though representations, dated 06.06.2018 and 22.11.2018 respectively, were made by the President of Bharath Nagar Residential Welfare Society, Emavoor, Chennai-57, no reply has been given by the respondents.
6. While so, the 3rd respondent, in his proceedings vide RC.No.A6/1635/2018, dated 27.11.2018, has stated that the TASMAC Shop No.8858 will be established from 29.11.2018 to 28.11.2019 and the said Tasmac Shop is situated within 19 meter from the temple and opposite to Sagaya Madha School. Vide proceedings in Na.Ka.No. A3/8858/2018, dated 29.11.2018, the 3rd respondent has directed the 4th respondent to provide adequate police protection to open Tasmac Shop No.8858 and without considering their objections, the respondents http://www.judis.nic.in 6 have opened the Tasmac Shop No.8858 with the help of 4th respondent- Police. For the abovesaid reasons, the petitioner has prayed for the reliefs, as stated supra.
7. Managing Director, TASMAC Ltd., Chennai, 1st respondent has filed a counter affidavit, contending inter alia that pursuant to the orders of this Court, the District Manager, Tiruvallur (East), vide his Letter No.A4/1146/2019, dated.10.07.2019 has stated that the Shop No.8858 in the premises bearing Door No.40, 4th Street, Bharath Nagar, Ernavoor, Chennai - 57 was opened on 26.11.2018 and functioning in the above said place. Planning permission was obtained from the Commissioner, Thiruvottiyur Municipality, vide proceedings No.P.P.No.112, dated 24.11.1994.
8. The 1st respondent has further submitted that the District Manager, Tiruvallur (East), vide his Letter No.A4/1146/2019, dated. 10.07.2019 has stated that there is no bar attached to this shop no.8858 and therefore, FSSAI Certificate is not required for Bar. The said TASMAC Shop No.8858 is having FSSAI license vide No.12419023001154, which is valid until 20.05.2020. The Managing Director, TASMAC vide Circular http://www.judis.nic.in No.22/2017, dated. 23.10.2017 and vide Letter 7 No.Q6/14006/2017, dated 15.10.2018 has given instructions to all the Senior Regional Managers and District Managers, TASMAC regarding hygiene measures to be followed as below:-
(a) The District Managers are instructed to form Dengue fever/other viral fever prevention teams for each taluk and to inspect all the retail vending shops and the bar attached to the Retail Vending Shops in the district. Copy of the proceedings should be sent to the Head office.
(b) The District Managers are directed to conduct meeting and educate the shop personnel and bar eatable contractors to keep the retail vending shops, attached bars and their surrounding areas in clean & hygienic condition.
(c) The Empty Plastic water bottles, Plastic cups, Empty Liquor bottles, broken bottles and unused items lying in and around the retail vending shops and bar attached to the shops are to be segregated and disposed immediately.
There should not be any water stagnation on the waste materials, which in turn would lead to breeding of mosquitoes.
(d) In case, any of the shop personnel or bar eatable contractors do not follow the instructions given by the- Head Office, the District Managers should take immediate action against them and take necessary remedial steps.
9. The 1st respondent has further submitted that, as a part of http://www.judis.nic.in hygienic measures, all the Senior Regional Managers and District 8 Managers were directed to do away with one time use plastic tumblers, water packets w.e.f. 01.01.2019 and to keep a notice board for the awareness of the public, not to use those one time use plastic tumblers and water packets vide this Office Circular No.26/2018, Reference No.Q6/8204/2018, dated 25.09.2018. It is submitted that the District Managers were also directed to do away with one time use plastic bags in TASMAC Retail Vending shops and they were directed to supply cloth bag or jute bags for use, in Retail Vending Shops, for the use of customers, vide this Office Circular No. 23/2018, Reference No.R3/6866/2018, dated 04.09.2018. Accordingly, periodical inspections have been conducted regularly, in all the shops and necessary instructions to the supervisors concerned were also issued to keep the shop premises in neat and hygienic conditions. Shop No. 8858 has been located, after getting necessary approval from the District Collector in conformity with Rule 8(1) of the Tamil Nadu Liquor Retail Vending in Shops and Bar Rules 2003. The District Manager, Tiruvallur (East) vide his Letter No.A4/1146/2019, dated.10.07.2019 has stated that waste bins have been kept nearby the shop and cleanliness of the surrounding area of Shop No.885ft is being maintained in a neat and tidy manner. For the abovesaid reasons, the 1st respondent has prayed for dismissal of the writ petition.
http://www.judis.nic.in 9 Heard the learned counsel for the parties and perused the material on record.
10. Rule 8 of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules 2003, reads thus:-
“8. Location of shop.—(1) No shop shall be established in Municipal Corporations and Municipalities within a distance of 50 (fifty) metres and in other areas 100 (hundred) metres from any place of worship or educational institutions:
Provided that the distance restriction shall not apply in areas designated as “Commercial” or “ Industrial” by the Development or Town Planning Authorities:
Provided further that no shop shall be established within the premises of any hotel:
Provided also that if any place of worship, educational institution comes into existence subsequent to the establishment of the shop, the provisions of this rule shall not apply:
Provided also that no liquor shops shall be established in any tribal areas covered under Integrated Tribal Development Project and Hill Area Development Project in the Hill area of Vellore, Salem, Namakkal, Dindigul, Tirunelveli and Kanniyakumari districts.
(2) Every shop shall be housed in a pucka building and http://www.judis.nic.in no part of the shops shall be thatched either on the sides or 10 on the roof.
(3)The shop shall be in the location approved by the Collector before commencing the business in the shops.”
11. Vide order made in S.L.P.(C)No.6054 of 2017, dated 27.02.2017, the Hon'ble Supreme Court, ordered as hereunder:-
"No ground for interference is made out in exercise of our jurisdiction under Article 136 of the Constitution of India.
The special leave petition is accordingly dismissed. Pending application, if any, stands disposed of.”
12. Representation, dated 06.06.2018 of the President of Bharath Nagar Residential Welfare Society, sent to the District Manager, TASMAC Limited, Thiruvallur District/the 3rd respondent herein, is extracted hereunder:-
ghuj; efu; FothH;nthu; eyr;r';fk;
vh;zht{h;. brd;id ? 600 057 njjp/ 6/6/18 bgWeh;.
cau;jpU/lh!;khf; khtl;l nkyhsu; mtu;fs;. jpUkHpir. jpUts;S:u; khtl;lk;/ Iah.
tzf;fk;. jpUbthw;wpa{u; efuhl;rpf;F cl;gl;l vu;zht{u;. kzyp vf;!;gpu!; rhiy. (fil vz;/8802) ru;nt vz; 102?y; mike;Js;s ghuj; efupy; Rkhu; 400 http://www.judis.nic.in 11 FLk;g';fSk;. 4000?f;Fk; nkw;gl;l kf;fs; bjhifa[ld; thH;e;J tUfpd;nwhk;/ jw;rkak; kJghd fil (8802) jpwg;gjhfjfty; mwpe;njhk;/ Vw;fdnt ,Ue;j ,lj;jpy; kPzL ; k; jpwf;f nghtjhf mwpe;J ftiy mile;Js;nshk;/ kJghdfil Vw;fdnt v';fsJ fpuhk gFjpapy; rhiyapy; mike;Js;sjhy; gy;ntW jpUl;L rk;gt';fs;. ghypay; td;bfhLik (rkPgj;jpy; 5 ? taJ rpWkp upj;jpfh bfhiy bra;ag;gl;lhu;) gs;spf;F bry;Yk; khzt. kidtpau;. bgz;fs; nfhtpYf;F nghf Koahj N:He ; piy Vw;gl;Ls;sJ/ ,JFwpj;J fpuhk Tl;lj;jpy; filia vjpu;j;J rhiy kwpay;. fil Kw;Wif nghuhl;l';fs; bra;J. jkpHf murhy; rpy khj';fSf;F Kd;g[ K:lg;gl;lJ/ nkYk; kJghd filf;F 19 kPll ; u; Jhuj;jpy; ,e;J mwepiyaj;Jiw rhu;e;j tpehafu;nfhtpy;. vjpupy; rfha khj gs;sp mike;Js;sJ/ Iah mtu;fs; nkw;go bghJ kf;fspd; eyd; fUjp kJghd filtuhky; bra;a bghJ kf;fs; rhu;ghf j';fis gzptd;g[ld; nfl;Lf; bfhs;fpnwhk;/ ,g;gof;F A.Narayanan (jiyth;)
13. Representation, dated 22.11.2018 of the President of Bharath Nagar Residential Welfare Society, sent to the District Collector, Chennai District/the 2nd respondent herein, is extracted hereunder:-
ghuj; efu; FothH;nthu; eyr;r';fk;
vh;zht{h;. brd;id ? 600 057 njjp/ 22/11/2018 bgWeh;.
khtl;l Ml;rpau; mtu;fs;.
http://www.judis.nic.in brd;id/
12
Iah.
tzf;fk;. jpUbthw;wpa{u; efuhl;rpf;F cl;gl;l ghuj;
efu; Rw;WgFjpapy; Rkhu; 3000 FLk;g';fs; trpj;J
tUfpwhu;fs;/
nkw;go kzyp vf;!;gpu!; rhiyapy; ghuj;efu; ru;nt vz;/102 y; ,lj;jpy; kJghd fil Vw;fdnt ,Ue;jJ. ,e;J mwepiyaj;jpw;F cl;gl;l nfhtpypy; ,Ue;J Rkhu; 19 kPl;lupy; ,f;fil mike;Js;sJ/ g[fhu; mog;gilapy;
muR K:l cj;jut[ gpwg;gpj;J K:lg;gl;lJ/ kf;fs; bgupJk; kfpH;r;rpf;Fs;shd epiyapy; 2 Mz;Lfs; fHpj;J kPzL ; k; kJghd filia jpwf;f Vw;g;ghL bra;J filia jpwf;f TlhJ vd fpuhk kf;fs; rhu;ghf khtl;l Ml;rpau; kJghd KJepiy kz;ly nkyhsu; Mfpnahiu neupy; re;jpj;J 10/09/2018 md;W kD bfhLj;njhk; fil jpwg;gij epWj;jp tpl;lhu;fs; kPz;Lk; fil jpwf;fnghtjhf Twp tUfpwhu;fs;/ Iah mtu;fs; kf;fs; bgupJ ghjpg;gpw;F fhuzkhd kJghd filia kPz;Lk; jpwe;jhy;. kf;fs; bgUk; bfhe;jspg;ghthu;fs;/ Iah jh';fs; nkw;go kJghd filia (vz;/8802) tuhky; jLj;J kf;fis fhg;ghw;WkhW nfl;Lf; bfhs;fpnwd;/ ,g;gof;F A.Narayanan (jiyth;)
14. Proceedings, dated 27.11.2018 of the District Manager, TASMAC Limited, Thiruvallur District/the 3rd respondent herein, is extracted hereunder:-
OFFICE OF THE DISTRICT MANAGE, TASMAC LTD http://www.judis.nic.in THIRUVALLUR (EAST) DISTRICT 13 RC.No.A6/1635/2018 Date: 27.11.2018 FORM II (See Rule 4) AUTHORISATION ISSUED FOR THE SALE BY RETAIL OF IMFS IN IMFS SHOP No.8858 TASMAC holder of the Retail vending license issued by the Commissioner of Prohibition and Excise in Proc.No. P & E (1) (8690/2018 dated 24.10.2018), under the provisions of the Tamil Nadu Prohibition Act 1937 (Tamil Nadu Act X of 1937) authorized the Senior Regional Manager, TASMAC Ltd., Chennai - 02 for issuing necessary authorization in FORM - II. To the District Manager, for sale of IMFS in Retail Vending Shop vide Managing Director, TASMAC Ltd., Chennai - 08 RC.No.B1/31802/2014 dated 07.11.2018 has in turn authorized the District Manager to issue the license in FORM-II.
Accordingly, the District Manager TASMAC Ltd., Thiruvallur (East) as an agent of TASMAC in authorised to vend IMFS @ address specified below from the 29th Nov.2018 to 28th Nov. 2019 subject to the Tamil Nadu Liquor Retail Vending (in shops and bars) Rules 2003.
IMFS Retail Vending Shop No. : 8858
Local body in which the shop is located : Door No.40, 4th
Street,
Bharath Nagar,
Ernavoor, Chennai-57.
District Manager
TASMAC Ltd.
Thiruvallur (East) District.
15. Vide proceedings, dated 29.11.2018, direction given by the District Manager, TASMAC Limited, Thiruvallur District/the 3rd respondent herein, to the Inspector of Police, M5-Ennore Police Station, http://www.judis.nic.in 14 Chennai, is extracted hereunder:-
jkpH;ehL khepy thzpgf; fHfk;. khtl;l nkyhsh; mYtyfk;.
jpUts;Sh; fpHf;F khtl;lk;
tpLeh; bgWeh;
rpahk;Re;jh;. MBA fhty; Ma;thsh; mth;fs;
khtl;lnkyhsh; vk;?5. vz;Qqhh; fhty;epiyak;
lh!;khf; ypkpbll;. vz;Qqhh;.
jpUts;Sh; fpHf;F khtl;lk; brd;id ? 600 057/
e/f/vz;/M3-8858-2018 ehs;/ 29/11/2018 ma;ah.
bghUs;: lh!;khf; ypl; jpUts;Sh; fpHf;F khtl;lk;. vz;/40. ghuj; efh;. 4tJ bjU. vh;zht{h;. brd;id ? 57 vd;w Kfthpapy; kJghd fil jpwf;f cs;sJ ? ghJfhg;g[ mspg;gJ bjhlh;ghf/ ghh;it: 1/ fhty; Ma;thsh;. vk;?5 vz;Qqhh; fhty;
epiyak;. foj ehs;/04/09/2018/
2/ khtl;l nkyhsh;. jpUts;Sh; fpHf;F
khtl;lk;.
mYtyf foj e/f/vz;/M3-8858-2018
ehs;/10/09/2018
3/ khtl;l Ml;rpah;. brd;id khtl;lk;.
mYtyf foj vz;/ L5-22233-2018 ehs;/15/11/2018/
lh!;khf; ypkpbll; jpUts;Sh; fpHf;F khtl;lk;. kJghd
rpy;yiw tpw;gid fil vz;/8858 vz;/40. ghuj; efh;. 4tJ
bjU. vh;zht{h;. brd;id ? 57 vd;w tpyhrj;jpy; jpwf;f
cj;njrpf;fg;gl;L nkw;go tpyhrj;jpy; kJghd fil jpwf;f
Ml;nrgid VJkpy;iy vd ghh;it ? 1y; fhQqk; fhty;
Ma;thsh; vk;?5 vz;Qqhh; fhty; Ma;thsh; bjhptpj;Js;shh;/
nkYk;. nkw;go tpyhrj;jpid ghh;it ? 2y; fhQqk; khtl;l
nkyhsuhy; Ma;t[ bra;J kJghd fil jpwf;f ghpe;Jiu
bra;J khtl;l Ml;rpah; brd;id mth;fSf;F mDg;gg;gl;lJ/
nkYk;. khtl;l Ml;rpah;. brd;id khtl;l Ml;rpah; nkw;go
http://www.judis.nic.in tpyhrj;jpid Kiwahf Ma;t[ bra;J ghh;it ? 3y; fhQqk;
15
brd;id khtl;l Ml;rpahpd; Mizapd;go kJghd fil
vz;/8858id 26/11/2018 md;W jpwf;f cj;njrpf;fg;gl;lJ nkw;go filf;F chpa fhty; ghJfhg;g[ tH';FkhWk; bjhptpf;fg;gLfpwJ/ j';fs; md;g[ss ;
khtl;l nkyhsh;.
lh!;khf; ypl;
jpUts;Sh; fpHf;F khtl;lk;/ efy;:
1/ khtl;l Ml;rpah;. brd;id khtl;lk;. 2/ nkyhz;ik ,af;Feh;. lh!;khf; ypl;. vGk;g{h;. brd;id?8/ 3/ KJepiy kz;ly nkyhsh;. lh!;khf; ypl;. brd;id kz;lyk;. brd;id?2 mth;fSf;F jftYf;fhf gzpe;J mDg;gg;gLfpwJ/ 4/ fhty; cjtp Mizahsh;. vz;Qqhh; mth;fSf;F jftYf;fhft[k; jf;f eltof;iffhft[k; mDg;gg;gLfpwJ/
16. Representation, dated 22.12.2018, of the petitioner, sent to the District Manager, TASMAC Limited, Thiruvallur District/the 3rd respondent herein, is extracted hereunder:-
rkj;Jt kf;fs; fHfk;
A. b$!;od; gpuhz;o!;
khepy mikg;g[ brayhsh; bjhHpw;r';fk;.
_ k';fsk; fhk;g;sf;!; vz;/139. TH nuhL. fhyog;ngl;il.
brd;id ? 600019 22/12/2018 bgWeh;:
cah;jpU khtl;l nkyhsh; mth;fs;.
(TASMAC) jpUts;Sh; khtl;lk;/ bghUs;;: tpjp kPwp elf;Fk; TASMAC filia K:lf;nfhhp kD/ http://www.judis.nic.in 16 Iah.
tzf;fk;. ehd; rkj;Jt kf;fs; fHfj;jpy; khepy mikg;g[ brayhsuhft[k;. epWtdj; jiyth; A.ehuhazd;
Ex.M.L.A mth;fspd; cjtpahsuhft[k; ,Ue;J tUfpd;ntd;/ jpUbthw;wpa{h; efuhl;rpf;F cl;gl;l ghuj; efh; Rw;WgFjpapy; Rkhh; 3000 FLk;g';fs; trpj;J tUfpwhh;fs;/ nkw;go kzyp vf;!g ; pu!; rhiyapy; ghuj;efh; rh;nt vz;/102?y; ,lj;jpy; kJghd fil Vw;fdnt ,Ue;jJ/ ,e;j mwepiyaj;Jiwf;F cl;gl;l tpehafh; nfhtpy; Rkhh; 19 kPl;lhpy; TASMAC fil mikj;J ,Ue;jij g[fhh; mspj;jjpd; mog;gilapy; muR TASMAC filia K:l cj;jut[ gpwg;gpj;jJ/ fil K:oajhy; kf;fs; bghpJk; kfpH;r;rpf;Fs;shd epiyapy; 2 Mz;Lfs; fHpj;J kPz;Lk; kJghd filia jpwf;f Vw;ghL bra;jJ/ gpd;dh; gFjp kf;fshfpa midtUk; vjph;g;g[ bjhptpj;J khtl;l Ml;rpah; TASMAC kz;ly nkyhsh; kw;Wk; j';fSf;Fk; kD mspj;njhk;/ jw;nghJ kPz;Lk; mnj ,lj;jpy; tpsk;gu gjhif ,y;yhky; elj;jp tUfpd;wdh;/ ,J Kw;wpYk; tpjp kPwyhFk;/ bghJ kf;fSf;Fk; vjphpy; cs;s rfha khjh gs;sp khzt khztpfSf;Fk; 19 kPl;lh; Jhuj;jpy; cs;s nfhtpYf;F bry;Yk; kf;fSf;Fk; bghpJk; ghjpg;ig Vw;gLj;Jfpd;wJ/ vdnt Iah mth;fs; nkw;go kJghd filia K:l cj;jut[ tpLk;go nfl;Lf; bfhs;fpd;nwd;/ ,g;gof;F (b$!;od; gpuhz;o!;)
17. On the dispute, as to whether, there are religious / educational institutions, within 19 meters of the TASMAC shop, on instructions, learned counsel for the 3rd respondent denied such http://www.judis.nic.in 17 averments and contended that there is no violation of the provisions of Rule 8(1) of the Tamil Nadu Liquor Retail Vending (In shops and Bars) rules, 2003. It is stated by the 3rd respondent that as per the surveyor's report, the distance between TASMAC shop No.8858 and Vinayagar temple is about 74.7 mtrs. The said Vinayagar temple is located on Ramakrishna Main Road and the said TASMAC shop is located on Manali Express Road and that there is a separate lane for the TASMAC shop and temple. The Taluk Surveyor measured the distance between the shop and temple by taking measurement from entrance to entrance.
18. The 3rd respondent has further stated that the Taluk Surveyor, Trivottriyur has specifically mentioned the distance, between the entryway of TASMAC shop and entryway of Vinayagar Temple, as 74.7 mtrs. Before the Vinayagar Temple, there is another temple, called Egambaranathar Temple, which is situated on the Poramboke land and that the distance between Egambaranathar Temple and TASMAC shop would be around 61.7 mtrs.
19. A perusal of the report would show that none of the conditions contained in Rule 8 of Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 has been violated. The allegations of the http://www.judis.nic.in 18 petitioner is therefore, wrong and the averments made by the writ petitioner in the writ petition are not substantiated. In the absence of any violation of Rule 8 of Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003, this Court is not inclined to issue a writ, as prayed for, by the petitioner.
20. Hence, the Writ petition is dismissed. No Costs.
Consequently, the connected Writ Miscellaneous Petitions are closed.
(S.M.K., J.) (S.P., J.)
12.07.2019
Index : Yes / No
Internet : Yes / No
dm/skm
http://www.judis.nic.in
19
To
1. The Managing Director,
TASMAC Ltd.,
4th Floor, CMDA Tower,
Gandhi Irwin Bridge,
Egmore, Chennai 600 008.
2. The District Collector
Chennai District, Chennai.
3. The District Manager,
TASMAC Limited,
Thiruvallur District,
Thiruvallur.
4. The Inspector of Police,
M5-Ennore Police Station,
Chennai.
http://www.judis.nic.in
20
S.MANIKUMAR, J.,
AND
SUBRAMONIUM PRASAD, J.,
skm
W.P.No.1169 of 2019
W.M.P.No.1329 of 2019
12.07.2019
http://www.judis.nic.in