Madras High CourtWP/5784/2018disposed of

R.Sadasivam, v. The Commissioner

2018-03-15Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2018

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.5784 of 2018 R.Sadasivam .. Petitioner v.

1 The Commissioner (Excise) Government of Puducherry Puducherry 2 The Deputy Collector (Excise) (The Licensing Authority) Government of Puducherry Thattanchavady Puducherry .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent herein to consider petitioner's application dated 31.03.2017 given for renewal of F.L.2 bar licence following the directions issued by the Hon'ble Supreme Court in Civil Appeal Nos.12161- 12166 of 2016, dated 23.02.2018, within a time frame to be fixed by the Hon'ble Court.

For Petitioner : Mr.A.Tamilvanan for S.Prem Auxilan RAj For Respondent : Mr.J.Kumaran Govt. Advocate (Pondicherry)

ORDER

Mr.J.Kumaran, learned Government Advocate (Pondicherry) takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the 2nd respondent to consider his application dated 31.03.2017 given for renewal of F.L.2 bar licence following the directions issued by the Hon'ble Supreme Court of India in Civil Appeal Nos.12161- 12166 of 2016, dated 23.02.2018, within a time frame. https://hcservices.ecourts.gov.in/hcservices/

3. Mr.A.Tamilvanan, learned counsel appearing for the petitioner submitted that though the petitioner has given his application as early as on 31.03.2017, the 2nd respondent has not passed any order so far following the directions issued by the Hon'ble Supreme Court of India in Civil Appeal Nos.1216112166 of 2016, dated 23.02.2018. 4.Mr.J.Kumaran, learned Government Advocate (Pondicherry) appearing for the respondents submitted that the 2nd respondent may be directed to consider the petitioner's application and pass orders, in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the application dated 31.03.2017 submitted by the petitioner for renewal of F.L.2 bar licence and pass orders, on merits and in accordance with law, following the directions issued by the Hon'ble Supreme Court in Civil Appeal Nos.12161- 12166 of 2016, dated 23.02.2018, after giving due opportunity of personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

With this observation, the writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rj To 1 The Commissioner (Excise) Government of Puducherry , Puducherry.

2 The Deputy Collector (Excise) (The Licensing Authority) Government of Puducherry Thattanchavady, Puducherry .

+1cc to Mr.S.Prem Auxlan Raj, Advocate, S.R.No.19551 +1cc to the Government Pleader, S.R.No.19900 W.P.No.5784 of 2018 RRK(19/03/2018) https://hcservices.ecourts.gov.in/hcservices/