THE HON’BLE MR. JUSTICE P.N. PRAKASH and THE HON’BLE MR. JUSTICE B. PUGALENDHI W.M.P. (MD) No.5329 of 2020 in W.P. (MD) No.6139 of 2020 tasmac shop closed
by
Sekar Reporter
·
May 11, 2020
[5/11, 20:47] Sekarreporter: W.M.P. (MD) No.5329 of 2020 in W.P. (MD) No.6139 of 2020 W.M.P. (MD) No.5335 of 2020 in W.P. (MD) No.6144 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2020 CORAM: THE HON’BLE MR. JUSTICE P.N. PRAKASH and THE HON’BLE MR. JUSTICE B. PUGALENDHI W.M.P. (MD) No.5329 of 2020 in W.P. (MD) No.6139 of 2020 and W.M.P. (MD) No.5335 of 2020 in W.P. (MD) No. 6144 of 2020 WP (MD) No.6139 of 2020 & WMP (MD) No.5329 of 2020: A. Bonyface Petitioner vs. 1 The State represented by its Secretary to Government Government of Tamil Nadu Home, Prohibition and Excise (VI) Department Secretariat Fort St. George, Chennai 600 009 2 The State represented by its Secretary to Government Department of Health and Social Welfare Department Secretariat Fort St. George, Chennai 600 009 3 The Commissioner Prohibition and Excise Department Chepauk, Chennai 1/26 http://www.judis.nic.in [5/11, 20:47] Sekarreporter: W.M.P. (MD) No.5329 of 2020 in W.P. (MD) No.6139 of 2020 W.M.P. (MD) No.5335 of 2020 in W.P. (MD) No.6144 of 2020 Prayer in W.P. (MD) No.6144 of 2020: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records pertaining to the notification in press release no.311 dated 04.05.2020 passed by the first respondent and quash the same and consequently, direct the respondents not to open the TASMAC shops in all over Tamil Nadu till complication (sic completion) of the curfew period. W.M.P.(MD) No.5335 of 2020: Petition filed to stay all further proceedings pursuant to the impugned notification in Press Release No.311 dated 04.05.2020 passed by the first respondent, pending disposal of the writ petition. For petitioner in W.M.P. (MD) No.5329 of 2020 Mr. Veera. Kathiravan, Sr. Counsel in W.P. (MD) No.6139 of 2020 for M/s. Veera Associates For petitioner in W.M.P. (MD) No.5335 of 2020 Mr. A. Rajkumar in W.P. (MD) No.6144 of 2020 For State in both cases Mr. K. Chellapandian, Addl. Adv. Gen. assisted by Mr. R. Sethuraman Special Government Pleader For TASMAC in both cases Mr. H. Arumugam COMMON ORDER (Order of the Court was made by P.N.PRAKASH, J.) Given the facts obtaining in this case, it will be in the fitness of things to commence this order with the following couplet from Thirukkural: 3/26 http://www.judis.nic.in [5/11, 20:48] Sekarreporter: W.M.P. (MD) No.5329 of 2020 in W.P. (MD) No.6139 of 2020 W.M.P. (MD) No.5335 of 2020 in W.P. (MD) No.6144 of 2020 adjournment on the ground that the TASMAC has engaged learned Advocate General to make submissions. We rejected this request since the learned Additional Advocate General had extensively argued before us all the points and further, the request for adjournment was made at the fag end of the hearing of the case. As a sequitur to the discussions aforemade, we are in complete agreement with the order dated 08.05.2020 passed by the Division Bench at the Principal Seat and we also issue directions to close down the TASMAC shops in the same lines. We further direct the Registry to place these public interest litigations before the Hon’ble Chief Justice to be dealt with appropriately, either by tagging them with the connected matters under consideration before the Principal Seat, viz., W.P. Nos. 7578 , 7589 to 7593, 7595, 7599 and 7600 of 2020 or in any other manner as the Hon’ble Chief Justice deems fit. (P.N.P., J.) (B.P., J.) 11.05.2020 cad Note to Office: Issue order copy within one day after the same is received by the Court Officers’ Section.” 24/26 http://www.judis.nic.in