WP(MD)/21491/2022 of Ramaiyan. V Vs The District Collector on 13 November 2026

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.

3. The 4th 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. Hence, this respondent sent a proposal to the 1st respondent to shift the shop as per "Rule 9". The 1st 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 by learned counsel for the 4th 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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