A. Narayanan v. Chief Secretary, Government of Tamilnadu Secretariat, Chennai
2016-03-17
M.M.SUNDRESH, SANJAY KISHAN KAUL
body2016
DigiLaw.ai
ORDER : Learned Additional Advocate General has placed before us an order passed by the Division Bench of this Court (Madurai Bench) dated 27.08.2015 in W.P. (MD) No. 15257 of 2015 (R. Gopinath vs. The District Collector, Virudhunagar and others ( 2016 (1) CTC 104 ), in which the Rule 8(1) of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003 was examined in the context ''how the distance between the TASMAC shop and the Educational Institutions has to be measured''. The Rule provides for the distance to mean the shortest distance between the two and not from the gate to gate. 2. We have also pointed out to learned Senior Counsel that in terms of the order dated 27.08.2014 in W.P. No. 23299 of 2014 (P. Mounasamy vs. The District Collector and two others), reference has been made to Tamil Nadu Survey and Boundaries Act, 1923 and the Rules framed thereunder. In terms of Section 4 of the said Act, the State Government has to appoint Survey Officers. The manner of measuring distance scientifically is set out in the Tamil Nadu Survey and Boundaries Rules, 1925. 3. In the additional counter affidavit filed on behalf of the TASMAC, it has been stated that collection of data would take place in respect of various shops and if the shops are found not located as per Rule 8(1) of the said Rules, then those shops will be shifted with the previous permission of the District Collector concerned as per Rule 9 of the Tamil Nadu Liquor Vending (In Shops and Bars) Rules, 2003. The period of six months is requested for collection of the data regarding the location of shops from places of worship or educational institutions, by actual measurement adopting the aforesaid principles, since the said exercise has to be carried out all over the State in respect of 6776 retail vending shops. It is stated that another six months thereafter would be required for shifting of the shops where ever required. We take this assurance on record. 4. We thus close the proceedings in the aforesaid terms. List for compliance on the first aspect on 16th September, 2016.