P G MURUGESAN Vs. ASSISTANT COMMISSIONER EXCISE COIMBATORE

JUDGEMENT

(1.) IN W.P.No.8377 of 1998, petitioner seeks issuance of writ of certiorari calling for the records comprised in proceedings No. Re.3634 of 1998 Gaw 8 on the file of respondent, dated 15.6.98 and quash the same.

(2.) PETITIONER is the auction purchaser of IMFL shop No.l 1, Coimbatore, and he wanted to locate his shop at Ward No. 18, bearing Door Nos.34-34A, Avarampalayam Main Road, Coimbatore. Respondent/officials inspected the shop and recommended for issuance of licence. On 27.5.1998, respondent issued licence permitting the petitioner to carry on the business, whilese, on 8.6.1998, respondent issued a communication, directing the petitioner to shift his business to an unobjectionable place. The reason alleged therein was that there were objections from the public and the M.L.A. also recommended to take action on such objection. A civil suit was also filed by a third person as O.S.No.910 of 1998, on the file of District Munsif s Court, to prevent the petitioner from conducting the business. But no interim order was passed by court. On receipt of the communication, petitioner submitted his explanation on 11.6.1998 stating that his shop is situated well within the bounds of law and that the area is classified as commercial area and that the distance between the colonies and the educational institutions is beyond 50 metres, and as such the location of his shop is not hit by Rule 18 of the Tamil Nadu Liquor (Retail & Vending) Rules, 1989. On 15.6.1998, without holding any further enquiry, petitioner was directed to close down the shop, and the same is challenged in this writ petition.

(3.) WHAT has happened after 15.6.1998 is not referred to in the impugned order except about the letter of the school dated 10.8.1998. The objection of the school/college also could be considered only if the location of the shop is within the prohibitory distance, as provided under the Act. The reasons mentioned are that one A. Mohanachandran filed a suit as O.S.No.910 of 1998 stating that the location of the shop is a nuisance, and the members of the public have also made a representation through M.L.A. who has directed the Authorities to consider the request, and also the existence of a Women's College just opposite to the liquor shop. Therefore, petitioner has been directed to shift the shop within three days.