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stay granted tasmac shop opening HE HIGH COURT OF JUDICATURE AT MADRAS (Special Original Jurisdiction) W.P.No.   24893  of 2022   Rajasekar, S/o. Mr. Rajangam, Door No. 2/23, Keezha Street, Sooriyamanal Village, Udayarpalayam Taluk, Ariyalur District.                                                                                                                          …Petitioner

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Special Original Jurisdiction)

 

 

W.P.No.   24893  of 2022

 

 

Rajasekar,

S/o. Mr. Rajangam,

Door No. 2/23, Keezha Street,

Sooriyamanal Village,

Udayarpalayam Taluk,

Ariyalur District.                                                                                                                          …Petitioner

 

..Vs..

  1. The District Collector, Ariyalur District, Ariyalur.

 

  1. The District Manager,

Tasmac Limited, Ariyalur District, Ariyalur.

 

  1. The Inspector of Police,

Jayamkondam Police Station, Jayakondam,

Ariyalur District.

 

  1. Ravichandran

S/o. Kandasamy,

Sooriyamanal Village,

Udayarpalayam Taluk,

Ariyalur District.                                                   …Respondents

 

AFFIDAVIT OF THE PETITIONER

 

I, Rajasekar, Son of Rajangam, Hindu, aged about 52 years, residing at Door No. 2/23, Keezha Street, Sooriyamanal Village, Udayarpalayam Taluk, Ariyalur District, having now temporarily come down to Chennai,  do hereby solemnly affirm and sincerely state as follows:

 

  1. I am the petitioner herein and as such I am well acquainted with the facts of this case in my personal knowledge.
  2. I submit that I am the resident of the Sooriyamanal Village and having the agricultural land adjoining to land in Survey No. 327/1B and 327/1C, situated at Sooriyamanal village, Udayarpalayam Taluk,

Ariyalur District.

 

  1. I further submit that the lands situated in S.No.327 are classified as agricultural land and we are doing cultivation the said land for our family livelihood. But now said land has been illegally converted for establishment of Tasmac Shop No.6434 in S.No. 327/1C at

Sooriyamanal village, which is adjoining to my land. I further submit that 1st respondent has not heard me and also no notice issued before granting permission to open Tasmac shop in S.No/327/1C, which is against section 47A of Tamil Nadu and Town country Planning Act 197 as well as Rules of Tamilnadu Change of Land use (from agriculture to Non-Agricultural purpose) Rules, 2017. Hence, the opening of Tasmac shop in agricultural land in S.No. 327/1C is illegal and against the above said provisions of law.

 

  1. I respectfully submit that subsequently the 2nd respondent made an attempt to open Tasmac Shop adjacent to my agricultural land without any permission from the 1st respondent under the Rules of Tamilnadu Change of Land use (from agriculture to Non-Agricultural purpose) Rules, 2017. Hence, I had made an objection against opening of Tasmac shops in the agriculture land by the Respondents, but the same was not considered. I further submit that now the Respondents are trying to open the Tasmac Shop at the same place without considering my objection. The said attempt and action of the respondents are against interest of justice and against rules.

 

  1. I further submit that I have made several objections before the respondents not to re-locate the Tasmac Shop No. 6434 adjoining to my land but the 1st respondent passed an order vide his proceeding in K.Dis.K1/2778/2002 dated 18.03.2022 to change the location of Tasmac

Shop to the proposed place i.e., in S.No. 327/1C, Sooriyamanal village, Udayarpalayam Taluk, Ariyalur District. The order of the 3rd respondent is illegal and without application of mind, arbitrarily passed an order and against Rules of Change of Land use.

  1. I further submit that on 21.05.2022, I have made a representation to the respondents to stop the opening of said Tasmac shop and the same was not considered. Therefore, the action of the respondents is totally violated the Rules of Tamilnadu Change of Land use (from agriculture to Non-Agricultural purpose) Rules, 2017. I further submit that the establishment of the Tasmac shops are contemplated the rules of Tamil Nadu Liquor Vending Shops Rules, but none of the rules were followed by the respondents in the recent scenario. Now, the proposed Tasmac shop is going to be located in the agricultural land and therefore it against order passed by this Hon’ble Court Judgments. Despite the objections, the 2nd respondent is trying to open the Tasmac shop in the agricultural land with the help of Police. Hence, the action of the respondents is totally illegal and against Rules.

 

  1. I respectfully submit that I have submitted several representations to the respondents requested that not to open the Tasmac Shop at Sooriyamanal Village, Udayarpalayam Taluk, Ariyalur District and the same is pending without progress. However, with the help of police, the 4th respondent is trying to open the said Tasmac Shop at S.No. 327/1C, Sooriyamanal Village, Udayarpalayam Taluk, Ariyalur District. Hence, the entire action of the respondents is totally illegal against the rights of the villagers as per the directions of the Hon’ble Court.

 

  1. I further submit that the order of the 1st respondent is illegal, arbitrary and without application of mind. Hence, it is liable to be set aside. It is further submit that already this Hon’ble Court held that the objection of the public and residents would be considered and take a fruitful decision, but the same was not considered by the respondents herein. However, the said shop is going to be open against the rules of Tamil Nadu Liquor Vending Shops Rules.

 

  1. I submit that recent scenario and action of the respondents with regard opening of the Tasmac Shops are concern is totally against the interest of justice and also defeat the object of the orders of this Hon’ble Court as well as the Apex Court of India. I further submit that the revenue of the state from the Liquor Vending is deprecated by the Hon’ble Supreme Court of India by an order dated 31.03.2017 and therefore, the my objection would be considered and that to close the liquor shops, but the same was not done and acted against the interest of justice.

 

  1. I submit          that the          impugned          order          made          in      M

K.Dis.K1/2778/2002 dated 18.03.2022 passed by the 1st Respondent is totally illegal, unsustainable, arbitrary and against the Principal of Natural Justice and therefore, it is liable to be set aside for the following among other ….                        

GROUNDS

  1. The impugned order passed by the 1st Respondent in K.Dis.K1/2778/2002 dated 18.03.2022 is totally illegal, unjust, and arbitrary and therefore, it is liable to be set aside.

 

  1. It is submitted that the respondents made an attempt to open Tasmac Shop adjacent to the petitioner’s agricultural land without any permission from the 1st respondent under the Rules of Tamilnadu Change of Land use (from agriculture to NonAgricultural purpose) Rules, 2017. Hence, the petitioner made an objection against opening of Tasmac shops by the 1st and 3rd Respondent near to his agricultural land. Without considering the objection of the petitioner, the 1st respondent passed an order arbitrarily. Hence, the impugned order dated 18.03.2022 is liable to be set aside.

 

  1. It is submitted that the order of the 3rd respondent to shift the Tasmac Shop No. 6434 to S.No. 327/1C, Sooriyamanal Village,

Udayarpalayam Taluk, Ariyalur District is against 47A of Tamil Nadu and Town country Planning Act 197 as well as Rules of

Tamilnadu Change of Land use (from agriculture to NonAgricultural purpose) Rules, 2017. Hence, the opening of Tasmac shop in agricultural land in S.No. 327/1C is illegal and against the above said provisions of law.

 

  1. It is submitted that the respondents made an attempt to open Tasmac Shop adjacent to petitioner’s agricultural land without any permission from the 1st respondent under the Rules of Tamilnadu Change of Land use (from agriculture to Non-Agricultural purpose) Rules, 2017. Hence, the petitioner made an objection against opening of Tasmac shops by the 1st and 3rd Respondent near to petitioner’s agricultural land. Now, the Respondents are trying to open the Tasmac Shop at the same place without considering petitioner’s objection. The said attempt and action of the respondents are against interest of justice and against rules.

 

  1. It is submitted that the order of the 1st respondent is illegal, arbitrary and without application of mind. Hence, it is liable to be set aside. It is further submit that already this Hon’ble Court held that the objection of the public and residents would be considered and take a fruitful decision, but the same was not considered by the respondents herein. However, the said shop is going to be open against the rules of Tamil Nadu Liquor Vending Shops Rules. Hence, the impugned order dated 18.03.2022 is liable to be set aside.

 

  1. It is submitted that recent scenario and action of the respondents with regard opening of the Tasmac Shops are concern is totally against the interest of justice and also defeat the object of the orders of this Hon’ble Court as well as the Apex Court of India. I further submit that the revenue of the state from the Liquor Vending is deprecated by the Hon’ble Supreme Court of India by an order dated 31.03.2017 and therefore, the my objection would be considered and that to close the liquor shops, but the same was not done and acted against the interest of justice.

 

 

  1. In any event, the impugned order passed dated 18.03.2022 passed by the 1st respondent in K.Dis.K1/2778/2002 is totally illegal, unsustainable, arbitrary and against the Principal of Natural Justice and therefore, it is liable to be set aside.

 

  1. I respectfully submit that I made objection to the respondents on 21.05.2022 and the same is pending without any progress. Despite that the respondents is trying to open the Tasmac Shop with the help of police and also against the rules of Tamil Nadu Liquor Vending Shops Rules. Therefore, in the interest of justice and it is necessary that this Hon’ble Court may be pleased to grant an Order of Interim Stay of all further proceedings of the order dated 18.03.2022 passed by the 3rd respondent vide his proceeding in K.Dis.K1/2778/2002, pending disposal of the above Writ Petition is ensured in Article 21 and 47 of the Constitution of India and also interim order is required to protect my rights. If not granted such orders by this Hon’ble Court, would be put to untold hardship and sufferings. On the other hand no prejudice would be caused to the respondents or any one.

 

  1. I submit that in the above stated circumstances, I have no other alternative efficacious remedy except to invoke the Jurisdiction of this Hon’ble court under the Article 226 of the Constitution of India.

 

For the reasons stated above, it is therefore prayed that this Hon’ble Court may be pleased to dispense with the production of original Impugned Order dated 18.03.2022 passed by the 3rd respondent in K.Dis.K1/2778/2002 and thus render justice.

For the reasons stated above, it is therefore prayed that this Hon’ble Court may be pleased to grant an Order of Interim Stay of all further proceedings of the order dated 18.03.2022 passed by the 3rd respondent vide his proceeding in K.Dis.K1/2778/2002, pending disposal of the above Writ Petition and thus render Justice.

For the reasons stated above, it is therefore prayed that this Hon’ble Court may be pleased to grant an Order of Interim Injunction, restraining the Respondents from re-locate the Tasmac Shop No.6434 at S.No. 327/1C, Sooriyamanal village, Udayarpalayam Taluk, Ariyalur

District, pending disposal of the above Writ Petition and thus render Justice.

For the reasons stated above, it is therefore prayed that this Hon’ble Court may be pleased to issue a order, direction or writ, more particularly writ in the nature of WRIT OF CERTIORARIFIED MANDAMUS, call for the records of the impugned order dated 18.03.2022 passed by the 1st  respondent in K.Dis.K1/2778/2002 and quash the same and consequently direct the respondents to consider the petitioner’s objection  dated 21.05.2022 and pass such further or other Orders as this Hon’ble Court may deem fit and necessary under the circumstances of the case and thus render Justice.

Solemnly affirmed at Chennai on this the 5th  day of July 2022                     Before Me,   and signed his name in my presence.

 

 

ADVOCATE :: CHENNAI

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