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K.M.Natchimuthu vs The District Collector

Madras High Court|07 August, 2017

JUDGMENT / ORDER

[Order of the Court was made by G.R.SWAMINATHAN, J.] The writ petitioner is aggrieved by the running of TASMAC Liquor Vending Shop No.5053 at its present place.
2. According to the writ petitioner, this Court directed the respondents to submit a report with regard to the location of the shop in question. The first respondent has submitted a report stating that a Karuppanna Samy Temple is located at a distance of 42.4 meters, but the said Temple does not have statue. Only a stone has been put up under a tree. No doubt in the said report, it is also mentioned that the public occasionally workship the said Karuppanna Samy Temple. Since such a temple cannot be construed as a place of worship within the meaning of the definition set out in the relevant Rules, this Court has to hold that the writ petitioner has not made out a case for issuing a direction to shift the shop or close the same.
3. In such view of the matter, this writ petition is dismissed. However, it is made clear that if the continued running of the said TASMAC Shop No.5053 at SF.No.332-1 B of (Nadupalayam) Thukkachi Village at Aravakurichy Taluk gives rise to nuisance, it is certainly open to the writ petitioner to move the first respondent in this regard.
4. This writ petition is dismissed with such liberty. No costs. Consequently, connected Miscellaneous Petition is closed.
To:
1.The District Collector, Karur District, Karur.
3.The Thasildar, Aravakurichi Taluk, Karur District.
.
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Title

K.M.Natchimuthu vs The District Collector

Court

Madras High Court

JudgmentDate
07 August, 2017