The Madras United Club, v. The Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY WP.No.3878 of 2018 and WMP.No.4755 of 2018 The Madras United Club carrying on business at No.3, Frazer Bridge Road, Park Town, Chennai - 600 003, rep. by its Honorary Secretary Mr.Ajithkumar ..

Petitioner

Versus

1.The Commissioner of Prohibition and Excise, Chepauk, Chennai - 600 005.

2.The Taluk Excise Officer, Purasawalkam Taluk, Chennai - 600 003.

3.The Government of Tamil Nadu, rep. by its Secretary, Department of Home, Prohibition and Excise, Fort St. George, Chennai - 600 009.

4.The Tahsildar, Purasawalkam Taluk, Chennai - 600 003.

..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents 1 and 2 to consider the representations made by the petitioner, including the representation dated 6.2.2018 and grant renewal of its FL2 License bearing No.28/81,82 from time to time, for operating its bar and securing supplies of the requisitioned quantity of liquor.

For Petitioner :

Mr.S.Raghunathan For Respondents :

Mr.S.T.S.Moorthy, Additional Advocate General assisted by Mr.D.Suriya Narayanan Addl. Government Pleader for respondent Nos.1 to 4

ORDER

The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents 1 and 2 to consider the representations made by the petitioner, including the representation dated 06.2.2018 and grant renewal of its FL2 license bearing No.20/81, 82 from time to time for operating its Bar and securing supplies of the requisitioned quantity of liquor.

2. It is the case of the petitioner that inspite of the petitioner's representation dated 06.2.2018 for renewal of its FL2 license, the first respondent has not passed any order so far.

3. Mr.S.Raghunathan, learned counsel appearing for the petitioner submitted that the petitioner had submitted all the requisite documents along with the representation dated 06.2.2018 before the first respondent. However, the same has not yet been considered by the first respondent.

4. Mr.S.T.S.Moorthy, learned Additional Advocate General appearing for the respondents submitted that on submission of all the requisite documents, the first respondent may be directed to consider the representation dated 06.2.2018 and pass orders in accordance with law.

5. Having regard to the submissions made by the learned counsel appearing on either side, the petitioner shall furnish one more copies of all documents in support of its representation dated 06.2.2018 to the first respondent within one week from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider the petitioner's representation dated 06.2.2018 and also the documents to be submitted by the petitioner and pass orders on merits and in accordance with law within a period of three weeks from the date of the submission of the documents.

6. With these observations, the writ petition is disposed of. No costs. Consequently, WMP.No.4755 of 2018 is closed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar bbr

To 1.The Commissioner of Prohibition and Excise, Chepauk, Chennai - 600 005.

2.The Taluk Excise Officer, Purasawalkam Taluk, Chennai - 600 003.

3.The Secretary, Department of Home, Prohibition and Excise, Fort St. George, Chennai - 600 009.

4.The Tahsildar, Purasawalkam Taluk, Chennai - 600 003.

+1cc to Government Pleader in sr.no.23922 WP.No.3878 of 2018 mp(co) nr 09/04/2018