Aarthi Distilleries, v. The Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 25.8.2015.

CORAM

THE HON'BLE MR.JUSTICE V.RAMASUBRAMANIAN AND THE HON'BLE MR.JUSTICE T.MATHIVANAN W.A.No.1202 of 2015 Aarthi Distilleries, rep. by V.C.Ganesan, No.15, Green Field, 6th Block, East Mogappair, Chennai 600 037.

Appellant/Petitioner vs.

1. The Secretary, Government of Tamilnadu, Prohibition & Excise, Fort St. George, Chennai 600 009.

2. The Special Commissioner and Commissioner of Prohibition and Excise, Ezhilagam, Chennai 600 005.

Respondents/Respondents Writ Appeal against the order dated 5.12.2014 passed in W.P.No.28543 of 2014 Writ Petition filed Under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents to issue the license for blending and bottling unit and the privilege of manufacturing Indian Made Foreign Liquor in S.No.160/2 3 4 5 6 161/1 2 etc. Sannaputhur Village Gummidipoondi Taluk Thiruvallur District in the name and style of M/s.Aarthi Distilleries. For appellant : Mr.P.R.Balasubramanian

JUDGMENT

(Judgment of the Court was delivered by V.RAMASUBRAMANIAN, J. ) This appeal arises out of dismissal of a writ petition filed by the appellant seeking a mandamus to direct the respondents to issue licence for blending and bottling unit and for the privilege of manufacturing Indian Made Foreign Liquor.

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2. Heard Mr.P.R.Balasubramanaian, learned counsel for the appellant.

3. At a time, when the whole State is reeling under protest against the liquor policy, the appellant has come up before this court seeking a direction to issue licence to him for manufacturing Indian Made Foreign Liquor. The writ petition was dismissed by the learned Judge, after the Government took a specific stand in the counter affidavit that there is no policy for the issue of such licence by the Government. When the Government has taken a positive stand that there is no policy for issuance of licence, neither a positive direction to issue a licence nor a mandamus even to consider the representation can be issued by this court. The order of the learned Judge does not call for any interference. Hence, the appeal is dismissed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ssk.

To

1. The Secretary, Government of Tamilnadu, Prohibition & Excise, Fort St. George, Chennai 600 009.

2. The Special Commissioner and Commissioner of Prohibition and Excise, Ezhilagam, Chennai 600 005.

+2 ccs to Mr.P.R.BalaSubramanian, Advocate sr.45334 W.A.No.1202 of 2015 aa16/09/2015 https://hcservices.ecourts.gov.in/hcservices/