Ramaiyan. V vs The District Collector
- Court
- Madras High Court
WP(MD) No. 21491 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13-11-2026
CORAM
THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE P.VELMURUGAN
WP(MD) No. 21491 of 2022
CNR:{HCMD010875082022}
and
WMP(MD)No.15643 of 2022
V.Ramaiyan
S/o Vaithiyalingam, No.118, Chinnakumalai,
Avidanallavijyapuram, Pappanadu, Orathanadu
Taluk, Thanjavur District.
..Petitioner(s)
Vs
1. The District Collector,
Thanjavur District, Thanjavur.
2. The Managing Director,
TASMAC Limited, Chennai.
3. The Senior Regional Manager,
TASMAC Limited, Trichy.
4. The District Manager,
TASMAC Limited, Thanjavur District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
praying this Court to issue of Writ of Mandamus, directing the
respondents to close the TASMAC Shop No.8163 set-up in agricultural
land comprised in Survey No.127/7 at Avidanallavijayapuram Village,
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WP(MD) No. 21491 of 2022
Orathanadu Taluk, Thanjavur District by considering the petitioner's
representation dated 13.01.2022.
For Petitioner(s) :Mr.B.Ramnath
For Respondent(s) :Mr.S.I.Muthiah, Addl. Govt. Pleader
for R1
Mr.H.Arumugam, Standing Counsel
for R2 to R4
ORDER
(Order of the Court was made by THE CHIEF JUSTICE)
This writ petition, styled as a ‘public interest litigation’, filed under
Article 226 of the Constitution of India, seeks the following relief:
“ To issue of Writ of Mandamus, directing
the respondents to close the TASMAC Shop
No.8163 set-up in agricultural land comprised
in Survey No.127/7 at Avidanallavijayapuram
Village, Orathanadu Taluk, Thanjavur District,
by considering the petitioner's representation
dated 13.01.2022.”
2. Learned counsel for the petitioner contended that the TASMAC
Shop No.8163 has been opened within the prohibited distance of 150
metres from the edge of the State Highway which is in violation of Rule
8(1) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules,
2003. Therefore, the said TASMAC Shop set up on the agriculture land
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WP(MD) No. 21491 of 2022
comprised in Survey No.127/7 at Avidanallavijayapuram Village,
Orathanadu Taluk, Thanjavur District, may be closed.
th
3. The 4 respondent has filed a counter affidavit, wherein, at
Paragraphs 3 to 5, it is clearly stated that the said TASMAC Shop is
situated beyond the prohibited distance of 220 meters in accordance with
the directions issued by the Supreme Court. For the purpose of
convenience, Paragraphs 3 to 5 of the counter-affidavit are reproduced
below:
'' 3. I submit that the fact remains that
there is no distance violation and there is no
religious or educational institution situated
within the prohibited distance of 100 meters as
contemplated under "Rule 8" of Rules, 2003.
st
Hence, this respondent sent a proposal to the 1
respondent to shift the shop as per "Rule 9".
st
The 1 respondent after considering the
G.O.Ms.No.32, Home, Prohibition, and Excise
(VI) Department dated 21-05-18 and
scrutinizing the records and satisfying about
the non-existence of Religious and Education
institution within the prohibited distance
granted permission on 17-12-21 to relocate the
TASMAC Shop No.8163. Accordingly, the shop
was shifted and opened on 30-12-21.
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WP(MD) No. 21491 of 2022
4. I submit that the averment made in the
affidavit that the State Highways is situated 150
meters from the shop is not correct and
the State Highway is situated 253 meters away
from the shop, but the prohibited distance is
220 meters only as per the order of the Hon'ble
Supreme Court. Further averment that the
affidavit that there is chance
for drunkards used to throw bottles into
agricultural fields and the same
will cause nuisance to the agriculturists is only
a fascination. The above averment is purely on
surmise and the apprehension of petitioner
cannot be a ground to file this writ petition. No
such incidents of nuisances or law and order
problems have been reported so far. Further
that the TASMAC shop situated in agricultural
land has no relevance and the issue is no more
res-integra and covered by decision of this
Hon'ble Court, which has held that the owner
of the property can enjoy his land as he wishes.
The building is constructed with proper plan
approval.
5. I submit that averment that the
petitioner filed a writ petition in
W.P(MD).No.16108/2020 for mandamus
forbearing from shifting the shop and this
Hon'ble Court was pleased to dispose writ
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WP(MD) No. 21491 of 2022
petition on 18-11-2020 but contrary to the
submission opened the shop
is not correct. The order is very clear that we
undertook that in the event of shifting of the
TASMAC shop, it will be made strictly in ratio,
which is being followed here.''
4. In view of the aforesaid counter affidavit and the statement made
th
by learned counsel for the 4 respondent as well as considering Rule 8(1)
of the Rules, we do not find any violation in setting up of the TASMAC
Shop No.8163 comprised in Survey No.127/7 at Avidanallavijayapuram
Village, Orathanadu Taluk, Thanjavur District.
5. Accordingly, this Writ Petition is dismissed. There shall be no
order as to costs. Consequently, connected miscellaneous petition is
closed.
(SUSHRUT ARVIND DHARMADHIKARI, C.J.) (P.VELMURUGAN J.)
13-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
bala
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WP(MD) No. 21491 of 2022
To
1. The District Collector,
Thanjavur District, Thanjavur.
2. The Managing Director,
TASMAC Limited, Chennai.
3. The Senior Regional Manager,
TASMAC Limited, Trichy.
4. The District Manager,
TASMAC Limited, Thanjavur District.
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WP(MD) No. 21491 of 2022
SUSHRUT ARVIND DHARMADHIKARI, C.J.
AND
P.VELMURUGAN, J.
bala
WP(MD)No.21491 of 2022
13-11-2026
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