AI Structured Summary
Not yet generated for this judgment
Judgment
M.M. Sundresh, J
The petitioner seeks a direction to close the TASMAC shop, as it is situated within the prohibited distance. A representation has also been given by the Parents and Teachers Association of the School going Children.
In the counter affidavit filed by respondent No.4, the following statements have been made:-
''4. I submit that the averment made in Para 5 of the affidavit that within the vicinity of Shop V.O.C. Municipal Middle School is situated is not correct and the averment is very vague, without giving the particulars of distance between the shop and school. The Shop is situated within the Municipality limit and the prohibited distance is 50 meters as per Rule 8 of the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules, 2003. The fact remains that the V.O.C. Municipal Middle School is situated 240 meters away from the shop. Further, the School is situated in the dead end of the sub-road whereas the shop is situated in the main road. Between shop and the sub-road, the distance is 80 meters and from the sub-road to School, the distance is 160 meters.
I submit that the allegation that the shop is creating various nuisance, troubles to the children, drunkards after consuming liquor creating ruckus to the common public and riding bike and drunkards often uses the premises of the V.O.C. Municipal Middle School to consume liquor and left the bottles and school children clean the waste left by the drunkards area all utter false and an invented story for the purpose of filing the present litigation to achieve his illegal act of threatening the shop personnel. The School is surrounded by residential houses, the premises of the School are fully fenced with pucca compound wall with gate, and no such event took place at any point of time.''
From the above, we do not find any violation per se involves.
In such view of the matter, this Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is also closed.