← Library
Madras High CourtWP/869/2024disposed of

M.Kannan v. The Managing Director

2024-01-12Honourable Mr Justice Senthilkumar Ramamoorthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2024

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Writ Petition No.869 of 2024 and W.M.P.Nos.899 & 900 of 2024 M.Kannan ... Petitioner -vs1.The Managing Director, CMDA Tower II, IV floor, Gandhi Irwin Road, Egmore, Chennai.

2.The Commissioner, Prohibition & Excise Department, Chepauk, Chennai.

3.Senior Regional Manager, Coimbatore Region, 4.District Manager, Coimbatore South Zone, Coimbatore.

1/6

5.The Superintendent of Police, Office of the SP, Pollachi sub-division, Coimbatore.

6.The Inspector of Police, Pollachi West Police Station, Coimbatore District. 7.S.Dharma Raja 8.M.Dharmaraj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari calling for the records of the 4th respondent relating to the impugned licence issued in favour of the 7th respondent dated 26.12.2023 bearing Na.Ka.No.RV3/1181/2023 for running the bar attached with TASMAC shop No.1895 and quashing the same. For Petitioner : Mr.Srinath Sridevan, Senior Counsel for Mr.V.Karthikeyan For RR1, 3 & 4 : Mr.K.Sathish Kumar Standing Counsel (TASMAC) For R2 : Mr.E.Sundaram, Government Advocate For R5 & R6 : Mr.RMD.Mugilan, Govt. Adv. (Crl.side) 2/6

ORDER

The petitioner assails the licence issued to the 7th respondent on 26.12.2023 for running the bar attached to TASMAC shop No.1895.

2. The petitioner asserts that he is the lessee in respect of the relevant premises and that the lease deed dated 21.01.2022 is for a period of 60 months or five years. Since the petitioner has a valid and subsisting lease in respect of the relevant premises, the grant of licence to the 7th respondent is assailed.

3. Learned Senior Counsel for the petitioner contends that the 7th respondent is not in possession of the relevant premises and, therefore, the licence issued to him is liable to be quashed. In the alternative, he submits that the operation of the bar on the basis of the impugned licence be stayed until the appellate authority decides the petitioner's appeal under the Tamil Nadu Liquor Retail Vending (in Shops and Bars) Rules, 2003. He also points out that a civil suit was filed before the District Munsif, Pollachi to protect the lawful possession of the petitioner. 3/6

4. Mr.K.Sathish Kumar, learned Standing Counsel (TASMAC), accepts notice on behalf of respondents 1, 3 & 4. Mr.E.Sundaram, learned Government Advocate, accepts notice for the 2nd respondent.

Mr.RMD.Mugilan, learned Government Advocate (Crl.side), accepts notice on behalf of respondents 5 & 6.

5. The licence was issued to the 7th respondent pursuant to a tender floated by TASMAC. The admitted position is that the 7th respondent was the highest bidder and that the petitioner herein participated in the tender but was the 2nd highest bidder. Since TASMAC conducted an auction and issued a licence to the 7th respondent pursuant thereto, the petitioner, who also participated in the said auction, is not entitled to challenge the licence issued to the 7th respondent on the basis of the allegedly subsisting lease. Undoubtedly, the petitioner is entitled to initiate appropriate legal action in respect of possession under the lease and such action was initiated in the form of the suit before the District Munsif, Pollachi. 4/6

6. For reasons set out above, W.P.No.869 of 2024 is dismissed by leaving it open to the petitioner to pursue civil proceedings so as to protect alleged possession pursuant to the lease. There will be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. 12.01.2024 Index : Yes / No Internet : Yes / No kj To 1.The Managing Director, CMDA Tower II, IV floor, Gandhi Irwin Road, Egmore, Chennai.

2.The Commissioner, Prohibition & Excise Department, Chepauk, Chennai.

3.Senior Regional Manager, Coimbatore Region, SENTHILKUMAR RAMAMOORTHY,J 5/6

kj 4.District Manager, Coimbatore South Zone, 5.The Superintendent of Police, Office of the SP, Pollachi sub-division, 6.The Inspector of Police, Pollachi West Police Station, Coimbatore District.

Writ Petition No.869 of 2024 and W.M.P.Nos.899 & 900 of 2024 12.01.2024 6/6