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2025 DAILYLAW 97336 (MAD)

R.TAMILARASU v. THE MANAGING DIRECTOR

WP/34926/2025 · 2025-09-16

G Arul Murugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.34926 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.09.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN W.P.No.34926 of 2025 R.Tamilarasu S/o.Ranganathan, No.21, Mariamali Adikalar Street, Maraimalai Nagar, Chengalpattu District - 603 209. Petitioner(s) Vs 1. The Managing Director Taminadu State Marketing Corporation (TASMAC), CMDA Tower II, Gandhi Irwin Bridge Road, Egmore Chennai - 600 008. 2. The District Collector Chengalpattu District, Collectorate Office, Chengalpattu - 603 001. 3. The Regional Manager Chennai Region, Tamil Nadu State Marketing Corporation, No.735, IV Floor, LLA Building, Anna Salai, Chennai - 600 002. ______________ https://www.mhc.tn.gov.in/judis W.P.No.34926 of 2025 4. The District Manager Kancheepruam South, Tamil Nadu State Marketing Corporation (TASMAC), No.14 to 18, SIDCO Industrial Estate, Sevilimedu Village, Kancheepuram - 631 502. Respondent(s) PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus to direct the respondents herein to re-locate the TASMAC Liquor Shop No. 4381 situated at Pavendhar Road, Maraimalai Nagar Chengalpattu District, within a stipulated time by considering the petitioner's representation dated 20.06.2025. For Petitioner(s): Mr.Vetrivel. P For Respondent(s): Mr.K.Balakrishnan Standing Counsel for R1, R3 and R4 Mr.M.Habeeb Rahman Government Advocate for R2 ORDER (Order of the Court was made by the Hon'ble Chief Justice) Challenge to location of Tasmac shop is premised mainly on the ground that it is situated on the main road which provides ______________ https://www.mhc.tn.gov.in/judis W.P.No.34926 of 2025 access to school-going children and the school-going children should be prevented from having any accessibility to liquor shop. 2. As to where a liquor shop should be located is governed by the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003. The distances of the school and church, on petitioner's own showing, does not come within the prohibited area. This is clear from a perusal of Rule 8 of the Rules, which provides that no shop shall be established in municipal corporations and municipalities within a distance of 50 metres and in other areas within 100 metres from any place of worship or educational institutions. The proviso relaxes the aforesaid criteria of distance restriction by providing that the same shall not apply to area designated as “Commercial” or “Industrial” by the Development or Town Planning Authorities. 3. In that view of the matter, we are unable to grant any relief to the petitioner. It is open to the petitioner to seek indulgence of the State for modification/amendment of the existing statutory policy with regard to location of liquor shop to the effect that liquor ______________ https://www.mhc.tn.gov.in/judis W.P.No.34926 of 2025 shop should not be allowed to be established on the side of the road which provides access to school for the school-going children. Writ petition is dismissed. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 16.09.2025 Index : Yes/No Neutral Citation : Yes/No sasi ______________ https://www.mhc.tn.gov.in/judis W.P.No.34926 of 2025 To: 1. The Managing Director Taminadu State Marketing Corporation (TASMAC), CMDA Tower II, Gandhi Irwin Bridge Road, Egmore Chennai - 600 008. 2. The District Collector Chengalpattu District, Collectorate Office, Chengalpattu - 603 001. 3. The Regional Manager Chennai Region, Tamil Nadu State Marketing Corporation, No.735, IV Floor, LLA Building, Anna Salai, Chennai - 600 002. 4. The District Manager Kancheepruam South, Tamil Nadu State Marketing Corporation (TASMAC), No.14 to 18, SIDCO Industrial Estate, Sevilimedu Village, Kancheepuram - 631 502. ______________ https://www.mhc.tn.gov.in/judis W.P.No.34926 of 2025 THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J. (sasi) W.P.No.34926 of 2025 16.09.2025 ______________ https://www.mhc.tn.gov.in/judis