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Madras High CourtWP/6582/2022disposed of

L.Udayakumar v. The Union Of India

2022-03-23Honourable Mr Justice R. Suresh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.6582 of 2022 L. Udayakumar

...Petitioner

-Vs1.

The Union of India, Rep. By its Lt. Governor of Puducherry, Puducherry.

2.

The Secretary to Government, Revenue Department, Government of Puducherry, Puducherry.

3.

The Deputy Commissioner (Excise), Government of Puducherry, Puducherry.

...Respondents

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to consider the representation given by the petitioner on 26.08.2021 and grant FL 2 license to the petitioner to sell the Indian Made Foreign Liquor in Puducherry and Karaikal regions of Union Territory of Puducherry. For Petitioner : Mr.L.Chandrakumar for P.T.Ramadevi For Respondents : Mrs.G.Djearany, Government Advocate

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondents herein to consider the representation given by the petitioner on 26.08.2021 and grant FL 2 license to the petitioner to sell the Indian Made Foreign Liquor in Puducherry and Karaikal regions of Union Territory of Puducherry.

2. The petitioner has already got permission to run the IFML Shop, for which the petitioner also had applied for FL 2 license by his application-cum-representation dated 26.08.2021 to the respondent, which is still pending before the respondent without having considered the same. Therefore, in order to consider the said application-cum-representation of the petitioner for grant of FL2 license and to pass orders thereon, the petitioner has moved this Writ Petition with the aforesaid prayer.

3. Reiterating the aforesaid prayer, the learned counsel for the petitioner seeks the indulgence of this Court to issue a direction to the respondents. Heard the learned Government Advocate appearing for the respondents, who on instructions would submit that, if any such application is filed on 26.08.2021 for getting FL 2 license, the same shall be considered by the respondents and appropriate orders will be passed within the time frame stipulated by this Court.

4. Considering the limited scope of the prayer sought for by the petitioner and having regard to the submissions made by the learned counsel appearing on both sides, this Court is inclined to dispose of this Writ Petition with the following order:

"That there shall be a direction to the respondent to consider the application of the petitioner dated 26.08.2021 and pass orders thereon on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order."

5. With the aforesaid directions and observations, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar ANU/KST To 1.The Lt. Governor of Puducherry, Union of India, Puducherry.

2.The Secretary to Government, Revenue Department, Government of Puducherry, Puducherry.

3.The Deputy Commissioner (Excise), Government of Puducherry, Puducherry.

+1cc to M/s.P.T.Ramadevi, Advocate SR. No.19350 +1cc to Government Pleader SR. No.20031 W.P.No.6582 of 2022 GSM (CO) PR (31/03/2022)