ORDER : P.D. AUDIKESAVALU, J. PRAYER : Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, forbearing the Respondents from re-opening the liquor retail vending TASMAC Shop No.10254 in Town Survey No.327/PART; Block No.22; Ward A, Chinthamani Bazaar Street, Near Chathiram Bus Terminus, Thiruchirappalli - 620 002. This is a Public Interest Litigation in which the Petitioner has sought for a direction forbearing the Respondents from re-opening the liquor retail vending TASMAC Shop No. 10254 in Town Survey No.327/PART; Block No.22; Ward A, Chinthamani Bazaar Street in Tiruchirappalli. 2. Heard Mr. R. Raja Sundarraman, Learned Counsel appearing for the Petitioner, Mr. N. Shanmugaselvam, Learned Additional Government Pleader appearing on behalf of the First and Third Respondents and Mr. B. Jameel Arasu, Learned Standing Counsel appearing on behalf of the Second Respondent. 3. During the earlier hearing on 05.12.2018 this Court passed the following order:- “Let the Collector, Trichirappalli, file a Counter-Affidavit, in view of the submission made on behalf of the TASMAC that the shop in question has already been closed temporarily. 2. We direct the Second Respondent to produce a copy of the title deed, sanctioned plan, completion certificate and the occupancy certificate of the lessor in respect of the tenanted premises given on lease by the lessor to the TASMAC to show that the building was constructed on the land owned by the lessor and that he has all the statutory clearance for putting up the building and for his occupation. 3. Post the Writ Petition on 17 December, 2018.” 4. It is strenuously urged by the Learned Counsel appearing for the Petitioner that despite widespread protest from the general public of the locality, the Second Respondent is making desperate attempts to re-open liquor shop in violation of the Rules. In particular, it is contended that a Vinayagar Temple is situated in close proximity to the location of the liquor shop in violation of Rule 8(1) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. 5. In particular, it is contended that a Vinayagar Temple is situated in close proximity to the location of the liquor shop in violation of Rule 8(1) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. 5. The Second Respondent has filed a Counter Affidavit dated 14.12.2018 stating, inter alia, that as directed by the District Collector, Tiruchirappalli, a field inspection was made by the Assistant Commissioner (Excise), Tiruchirappalli in respect of the liquor shop on 22.06.2018 and it was noticed that there is a Vinayagar Temple at a distance of 27.8 meters from that liquor shop. The District Revenue Officer/Senior Regional Manager, TASMAC, Tiruchirappalli Region has also made a field inspection on 28.07.2018 and has reported that the Vinayagar Temple is situated near Periyasamy Towers Commercial Complex and that an individual has constructed that Temple which need not be taken into consideration. It is sought to be justified by the Learned Counsel for the Respondents that the Vinayagar Temple is a private property and hence, the same cannot be taken into consideration for preventing the location of the liquor shop within 50 meters of its radius. 6. We are unable to countenance the contention made on behalf of the Respondents inasmuch as Rule 8(1) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003, prohibits the location of a liquor shop within a radius of 50 meters of a place of worship and it does not make any distinction of the ownership of the place of worship as private or otherwise. 7. It is next pleaded that the Vinayagar Temple had been constructed only after the liquor shop commenced operation, but conspicuously no record has been produced to show the date of commencement of the liquor shop or the date on which the Vinayagar Temple was constructed. In such circumstances, we have to necessarily hold that the re-opening of liquor shop, which has been closed and situated within the radius of 50 meters of the Vinayagar Temple, is in violation of the Rule 8(1) of the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. 8. Accordingly, the Respondents are restrained from re-opening the liquor retail vending TASMAC Shop No.10254 in Town Survey No.327/PART; Block No.22; Ward A, Chinthamani Bazaar Street in Tiruchirappalli. 9. The Writ Petition is allowed on the aforesaid terms. No costs. 8. Accordingly, the Respondents are restrained from re-opening the liquor retail vending TASMAC Shop No.10254 in Town Survey No.327/PART; Block No.22; Ward A, Chinthamani Bazaar Street in Tiruchirappalli. 9. The Writ Petition is allowed on the aforesaid terms. No costs. Consequently, the connected Miscellaneous Petition is closed.