M/S.Raising Sun Hotels Pvt. Ltd., v. The Commissioner Of Prohibition And Exise,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.02.2025 Coram The Hon'ble Mr.Justice Krishnan Ramasamy M/s.Raising Sun Hotels Pvt Ltd, CIN No.U55101KA2005PTC037480, Rep. by its Manager, Mr.Praveen Raj, S/o.Parisuthamani, Male, Aged 32, Singara Road, Masinagudi, Gudalur Taluk, Nilgiris District -643223.
...Petitioner
Vs.
1. The Commissioner of Prohibition and Excise, Ezhilagam Main Road, Chepauk, Chennai- 600 005.
2. The District Collector, Nilgiris District- 643001.
3. The Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC), Nilgiris District- 643001.
....
Respondents Prayer: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 1st respondent to consider the Petitioner's representation dated 12.09.2024 to re-open the Bar having FL3 License No.FL3/03/2001-2002 closed on 12.03.2024 by the 3rd Respondent, in accordance with law, within the time limit stipulated by this Court. 1/5
For Petitioner : Mr.V.Arunagiri For Respondents : Mr.P.Balathandayutham Special Government Pleader
ORDER
This Writ Petition has been filed to direct the 1st respondent to consider the Petitioner's representation dated 12.09.2024 to re-open the Bar having FL3 License No.FL3/03/2001-2002 closed on 12.03.2024 by the 3rd Respondent, in accordance with law, within the time limit stipulated by this Court.
2. Mr.P.Balathandayutham, learned Special Government Pleader takes notice on behalf of the Respondents.
3. By consent of the parties, the main Writ Petition is taken up for disposal at the time of admission stage itself.
4. The learned counsel for the Petitioner submitted that the petitioner Company is running hotel and bar in the name of Raising Sun Hotels in Nilgiris. Based on the application made before the Commissioner of Prohibition and Excise, the Respondents have issued FL3 Bar license to the petitioner company with Bar FL3 License No.FL3/03/2001-2002. While so, on 12.03.2024 the 3rd respondent locked the bar premises without any prior notice and till date the bar 2/5
is closed. Hence, the petitioner made a representation to the 1st respondent on 12.09.2024 to reopen the Bar which was closed on 12.03.2024. Despite enquiry being conducted on 25.11.2024, the respondents have not chosen to pass any orders on the aforesaid representation. Hence, this writ petition.
5. The learned Special Government Pleader appearing for the respondents has stated no objection for the respondents to dispose of the representation of the petitioner.
6. In view of the limited scope of relief sought for in this writ petition and also in view of the submissions made by the learned counsel appearing on either side, this Court without going into the merits of the case, directs the 1st respondent concerned to pass orders on the representation of the petitioner dated 12.09.2024 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of personal hearing to the petitioner and other parties concerned and thereafter communicate the decision taken to the petitioner.
7. With the above directions, this writ petition is disposed of. No costs.
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17.02.2025 Speaking/Non-speaking order Index : Yes / No arr To
1. The Commissioner of Prohibition and Excise, Ezhilagam Main Road, Chepauk, Chennai- 600 005.
2. The District Collector, Nilgiris District- 643001.
3. The Regional Manager, Tamil Nadu State Marketing Corporation (TASMAC), Nilgiris District- 643001.
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Krishnan Ramasamy,J., arr 17.02.2025 5/5