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I.Sabeer Mohamed vs The Secretary

Madras High Court|14 September, 2017

JUDGMENT / ORDER

[Order of the Court was made by G.R.SWAMINATHAN, J.] This writ petition has been filed for forbearing the respondents 1 to 3 from giving permission to locate or relocate more number of TASMAC retail liquor outlets in and around Madurai city and in suburban area.
2. The location of the said liquor outlets are governed by statutory Rules, namely the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. Rule 8, is particularly relevant. The District Collector is the authority, who is competent to grant permission with regard to site location. If the site falls within the prohibited distance within the educational Institutions and places of workship, then, there can be intervention at the hands of this Court.
3. It is not open to the writ petitioner to make general prayers. Unless the particular site is objectionable, it is not open to the writ petitioner to forbear the respondents from granting permission. In any event, the Statutory Authority cannot be restrained, in advance, from discharging his Statutory Obligations. The decision to grant permission to locate or relocate the TASMAC retail liquor outlets at Madurai can be challenged only on a case to case basis.
4. This Court is unable to entertain general prayers, which are sweeping and omnibus in nature. The writ petitioner has given his representation on 12.09.2017. This petition has been filed on 13.09.2017. This Court has deprecated the practice of filing writ petitions seeking issuance of a Writ of Mandamus, immediately after lodging representation to the authority. In other words, the authority must be given sufficient time to consider the representation submitted by the writ petitioner. The conduct of the writ petitioner, in rushing to this Court, immediately after posting the representation, deserves to be taken note of seriously. We find no merit in this writ petition.
5. The writ petition is dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed.
To:
1.The Secretary, The State of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai.
2.The Managing Director, Tamil Nadu State Marketing Corporation Limited, CMDA, Tower-II, IVth Floor, Gandhi Irwin Bridge Road, Egmore, Chennai ? 600 008.
3.The District Collector, Office of the District Collector, Madurai, Madurai District.
4.The Senior Regional Manager (TASMAC)/ District Revenue Officer, Office of the Senior Regional Manager, Annanagar, Madurai.
5.The District Manager, TASMAC, Madurai, Madurai.
6.The Divisional Officer (Excise), Madurai North, Madurai .
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Title

I.Sabeer Mohamed vs The Secretary

Court

Madras High Court

JudgmentDate
14 September, 2017