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2026 DAILYLAW 27958 (MAD)

MR.C.Kalaiselvan v. The Secretary to Government

WP/19734/2026 · 2026-06-04

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 19734 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-06-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 19734 of 2026 C.Kalaiselvan S/o.Mr.Chandrasekaran, No.85 B, Thimmarajakulam, Chengalpattu - 603001. ..Petitioner(s) Vs 1. The Secretary to Government, Home Department, Fort St.George, chennai – 600009. 2. The District Collector, Collectorate, GST Road, Chengalpattu - 603001. 3. The Managing Director, The Tamilnadu State marketing corporation Ltd., 4th Floor, CMDA Tower-II, Egmore, Chennai - 600008. 4. The Superintendent of Police, Chengalpattu, Chengalpattu District - 603001. 5. The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu District - 603001. ..Respondent(s) Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to close and move the TASMAC wine shop No.4015 and bar situated at Thimmarajakulam, chengalpattu District to any other authorised place by considering the representations dated https://www.mhc.tn.gov.in/judis WP No. 19734 of 2026 __________ Page2 of 6 24.07.2024, 16.08.2024 and 10.03.2026. For Petitioner(s): Mr. T.Jayaramaraj For Respondent(s): Mr. C.Prabakaran, Govt. Counsel for R1,2, 4 & 5 Mr. Balakrishnan, Standing Counsel for R3 ORDER The writ petition has been filed seeking a direction toa the respondents to close and move the TASMAC wine shop No.4015 and bar situated at Thimmarajakulam, chengalpattu District to any other authorised place by considering the representations dated 24.07.2024, 16.08.2024 and 10.03.2026. 2. It is the case of the petitioner that the petitioner is residing in the Thimmarajakulam vicinity for the past four decades. Thimmarajakulam road is narrow road and the said is the only access available to the residents for their day-to-day activities. The Tasmac shop vide shop No.4015 managed by the 3rd respondent herein is situated in thea bove said residential area. The shop functions 24X7, leading to gathering of drunkards, public nuisance, and safety issues. Women and Children are facing immense difficulty moving on the road in broad daylight due to fright and harassment. Therefore, the petitioner made a representations dated 24.07.2024, 16.08.2024 and 10.03.2026 and mp reply or action was taken by the respondents. Due to inaction by the authorities despite repeated complaints, and continued nuisance affecting residential tranquillity, petitioner has approached this Court. https://www.mhc.tn.gov.in/judis WP No. 19734 of 2026 __________ Page3 of 6 3. The learned counsel for the petitioner submitted that the Thimmarajakulam road is heavily depended by the residents of the said area and the said TASMAC wine shop is operated in such residential area by the third respondent. The said wine shop along with bar is causing disturbance and affecting the peaceful life of the residents of Thimmarajakulam. 4. The learned counsel further submitted that as per Rule 8(1) of Tamil Nadu Liquor Retail Vending Rules, 2003 which prohibits liquor shops within 100 meters of places of worship and educational institutions. Also violates Rule 9 – prescribed hours are 12 noon to 10 pm only. 5. Heard both sides and perused the materials available on record. 6. On perusal of the same, this Court finds that running a Tasmac shop 24X7 in a residential area, in proximity to temples, churches and a college, requires immediate examination. Hence, this Court passes the following orders: i. The second and third respondents are directed to conduct a joint inspection of TASMAC shop No.4015, Thimmarajakulam Road, Chengalpattu, within a period of one week from the date of receipt of a copy of this order; to verify a. Whether the shop is situated within 100 meters from any place of worship or educational institution as per https://www.mhc.tn.gov.in/judis WP No. 19734 of 2026 __________ Page4 of 6 Rule 8(1) of the Tamil Nadu Liquor Retail Vending Rules, 2003; b. Whether the shop is functioning in a residential area contrary to the Master Plan/Zoning Regulations; c. Whether the shop is operating beyond the permissible hours of 12.00 noon to 10.00 pm as per Rule 9. ii. If the shop is found to be in violation of Rule 8(1) or is functioning in a residential area without valid permission, the second and third respondents shall take immediate steps to shift/close the said TASMAC shop No.4015, in accordance with law, within a period of one week, thereafter. iii. In the interregnum, the second respondent shall ensure that TASMAC shop No.4015 strictly adheres to the prescribed business hours of 12.00 noon to 10.00 PM and that no liquor is sold outside the said hours. The 4th and 5th respondents shall ensure adequate police patrolling to prevent nuisance by drunkards in the said locality.’’ 7. With the above directions, the writ petition stands disposed of. No costs. The respondents 2 & 3 shall file a status report, separately, before this Court on 18.06.2026 without fail. No costs. 04-06-2026 rli Note to office: Issue order copy on 04.06.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No https://www.mhc.tn.gov.in/judis WP No. 19734 of 2026 __________ Page5 of 6 To 1. The Secretary to Government, Home Department, Fort St.George, chennai – 600009. 2. The District Collector, Collectorate, GST Road, chengalpattu - 603001. 3. The Managing Director, The Tamilnadu State marketing corporation Ltd., 4th Floor, CMDA Tower-II, Egmore, chennai - 600008. 4. The Superintendent of Police, chengalpattu, chengalpattu District - 603001. 5. The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu District - 603001. https://www.mhc.tn.gov.in/judis WP No. 19734 of 2026 __________ Page6 of 6 M.DHANDAPANI, J. rli WP No. 19734 of 2026 04-06-2026 https://www.mhc.tn.gov.in/judis