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2014 DIGILAW 4056 (MAD)

A. Ezhil v. Managing Director, TASMAC Limited

2014-10-30

T.S.SIVAGNANAM

body2014
Judgment 1. In this writ petition, the petitioners seek to issue a Writ of Certiorarified Mandamus, to quash the order of the second respondent dated 12.8.2014, by which, licence has been granted to the third respondent to run a Bar in TASMAC wine shop No.9124 in the premises owned by the fourth respondent herein. 2. It is the contention of the petitioners that the third respondent did not obtain no objection certificate from the building owner i.e., fourth respondent and hence, the licence should not be granted to the third respondent. 3. The learned counsel for the respondents 1 and 2/TASMAC has produced the copy of no objection certificate given by the fourth respondent in favour of the third respondent, by virtue of which, the third respondent has been granted licence. Therefore, the contention raised on the side of the petitioners is factually incorrect. Consequently, the order passed by the second respondent, granting licence to the third respondent, cannot be quashed in this writ petition. 4. The learned counsel for the petitioners invited the attention of this Court to the photographs of the shop in question and submitted that the bar has been running in the shop under tin roof and there is specific prohibition or restriction from running the bar in temporary structure. It is further submitted that road area has also been encroached. Though this court cannot decide the issue based on the photographs, it is for the first respondent to examine the correctness of the allegations, since they are bound to ensure that the shop and bar has been run, as per the relevant statutory regulations and circulars. Therefore, while dismissing this writ petition, this Court directs the first respondent to nominate an officer for conducting surprise inspection of the shop and bar in question and to ascertain as to whether the shop and bar has been running strictly in accordance with the provisions of the rules and regulations and pass appropriate orders on the basis of the report so filed and in the manner known to law. 5. With the above direction, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.