Mr.R.Rajeswaran, learned Special Government Pleader accepts notice for respondents 1 and 4. Mr.P.Arumugha Rajan, learned Standing Counsel accepts notice for respondents 2, 3 and 5. Heard both.
2. The petitioner has been granted a licence to collect empty bottles and sell eatables in the bar attached to the TASMAC shop bearing shop No. 4390. The shop was located in S.F.No.1697/37A, bearing Door No.43B, New Door No.29A, Railway Road, Kancheepuram Town, Kancheepuram District and it was established on 14.9.2017. According to the petitioner, the fifth respondent is taking effective steps to shift the shop to some other location and if the shop is shifted, the petitioner will be put to irreparable hardship.
3. In my considered view, the petitioner has no vested right that the TASMAC shop should be located in a particular location, as he is only a licensee to collect empty bottles and cartons and sell eatables in the bat attached to the shop. It is for the Tamil Nadu State Marketing Corporation to select an unobjectionable place, obtain approval of the District Collector and open the shop. If, for any reasons, the Tamil Nadu State Marketing Corporation decides to shift the shop, then the only indulgence that can be shown to the petitioner is that he can be issued with a licence to collect empty bottles and cartons and sell eatables in the bar annexed to the shop in the new location.
4. Therefore, while rejecting the prayer sought for by the petitioner, there will be a direction to respondents 2, 3 and 5 to accommodate the petitioner as a licensee to collect empty bottles and cartons and sell eatables in the bar attached to the shop in the new location, if any decision is taken to shift the shop.
5. With the above direction, the writ petition is dismissed. No costs. Consequently, the above WMP is also dismissed. 09.11.2017 Internet : Yes To
1.The District Collector, Kancheepuram District.
2.The Managing Director, Tamil Nadu State Marketing Corporation Ltd., Thalamuthu Natarajan Maligai, Gandhi Irwin Road, Chennai-8.
3.The Regional Zonal Manager, Tamil Nadu State Marketing Corporation Ltd., office at Anna Salai, Chennai-2.
4.The Superintendent of Police, Kancheepuram District.
5.The District Manager, Tamil Nadu State Marketing Corporation Ltd., Kancheepuram (South), Kancheepuram District.
RS T.S.SIVAGNANAM,J RS WP.No.28623 of 2017& WMP.No.30791 of 2017 09.11.2017