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Madras High CourtWP/4471/2018dismissed as infructuous

P.Anbu @ Gothandaraman, v. Union Territory Of Pondicherry

2019-09-25Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.09.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.4471 of 2018 and W.M.P.No.5489 of 2018 Mr.P.Anbu @ Gothandaraman S/o.Patchaiappa Kiramani

...Petitioner

vs.

1.Union Territory of Pondicherry Rep. by The Commissioner (Excise) Government of Puducherry Office of the Excise Commissioner Excise Department, Saram, Pondicherry - 605 013.

2.The Deputy Commissioner (Excise) O/o. of the Deputy Commissioner (Excise) Government of Puducherry Pondicherry.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to renew the petitioner's F.L-2 Licence No.273/FL.2/2016-2017 for licence year 2018-2019 by adjusting the payment a sum of Rs.6,05,000/- (Rupees Six Lakh and Five Thousand Only) which the petitioner had already paid through Challan No.62650 dated 23.02.2017 towards Annual Licence Fee for renewal of Licence for licence year 2017-2018 thereby direct them to grant permission for reopening the Bar having F.L-2 Licence bearing Licence No.273/FL.2/2016-2017 in petitioner's Hotel namely "Hotel Aksharadha", situated at Villianur Commune Panchayat, Puducherry, having 300 meteres distance from National Highway (NH)-45.

For Petitioner : Mr.Prakash Adiapadam For Respondents : Mr.B.Balavijayan Additional Government Pleader (P)

O R D E R

This writ petition is filed seeking for issuance of a writ of mandamus directing the respondents to renew the petitioner's F.L-2 Licence No.273/FL.2/2016-2017 for the licence year 20182019 by adjusting the payment of a sum of Rs.6,05,000/- (Rupees Six Lakh and Five Thousand Only) which the petitioner had already paid through Challan No.62650 dated 23.02.2017 towards Annual Licence Fee for renewal of licence for the year 20172018 thereby, directing them to grant permission for reopening the Bar having F.L-2 Licence bearing Licence No.273/FL.2/20162017 in the petitioner's Hotel namely "Hotel Aksharadha", situated at Villianur Commune Panchayat, Puducherry, having 300 meteres distance from National Highway (NH)-45.

2. Today, when the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner that subsequent to the filing of the writ petition, licence has been renewed by proceedings dated 03.09.2019.

Therefore, he submitted that nothing survives in this writ petition to be adjudicated upon on merits.

3. Recording the above said submission, this Writ Petition is disposed of as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Insp cell) //True Copy// Sub Assistant Registrar mk To 1.The Commissioner (Excise) Union Territory of Pondicherry Government of Puducherry Office of the Excise Commissioner Excise Department, Saram, Pondicherry - 605 013.

2.The Deputy Commissioner (Excise) O/o. of the Deputy Commissioner (Excise) Government of Puducherry Pondicherry.

+1cc to Mr.Prakash Adiapadam Advocate, S.R.No.82576 NMI(CO) CB(27/09/2019) W.P.No.4471 of 2018