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Madras High CourtWP/1170/2025disposed of

S.Rathananm v. The Additional Chief Secretary

2025-01-21Honourable Mr Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Rathanam .. Petitioner Vs.

1. The Additional Chief Secretary, Department of Prohibition and Excise, Secretariat, Tamil Nadu Government, Chennai 600 009.

2. The Commissioner, Department of Prohibition and Excise, Chepauk, Chennai 600 005.

3. The District Collector, 1st Floor, Tiruchengodu Road, Namakkal, Namakkal District 637 003.

4. The Assistant Commissioner, Excise Department, Namakkal District Office, Tiruchengodu Road, Namakkal 637 003.

5. The Divisional Excise Officer, Divisional Excise Office, Namakkal 637 001.

.. Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 26.07.2024 and to issue certificate to drop all proceedings under Revenue Recovery Act within a time limit as stipulated by this Hon'ble Court. For Petitioner : M/s.G.Vaishali for Mr.T.Fenn Walter Associates For Respondents : Mr.P.Balathandayutham Special Government Pleader

ORDER

The writ petition has been filed praying for a writ of Mandamus to direct the respondents to consider the petitioner's representation dated 26.07.2024 and to drop all proceedings under Revenue Recovery Act within a time limit.

2. At the outset, Mr.P.Balathandayutham, learned Special Government Pleader for the respondents would submit that the representation dated 26.07.2024 would be considered and orders will be passed within a period of 6 weeks from the date of receipt of a copy of this order.

3. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition,there shall be a direction to the Respondent to consider the petitioner's representation dated 26.07.2024, on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner and any other interested persons/stake holders, within a period of six (6) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation, it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

4. With the above directions, the writ petition stands disposed of. No costs.

21.01.2025 Speaking (or) Non Speaking Order Index:Yes/No spp

To:

1. The Additional Chief Secretary, Department of Prohibition and Excise, Secretariat, Tamil Nadu Government, Chennai 600 009.

2. The Commissioner, Department of Prohibition and Excise, Chepauk, Chennai 600 005.

3. The District Collector, 1st Floor, Tiruchengodu Road, Namakkal, Namakkal District 637 003.

4. The Assistant Commissioner, Excise Department, Namakkal District Office, Tiruchengodu Road, Namakkal 637 003.

5. The Divisional Excise Officer, Divisional Excise Office, Namakkal 637 001

MOHAMMED SHAFFIQ, J.

spp 21.01.2025