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
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
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[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:
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[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.”
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