Mrs.Gomathi (Arrack Shop No 4(0) v. The Secretary To Government (Excise)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2020
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH Writ Petition No.8986 of 2020 and WMP. No.10924 of 2020 Mrs.Gomathi (Arrack Shop No.4(0) Karuvadikuppam ... Petitioner Vs 1.The Secretary to Government (Excise), Government of Puducherry, Chief Secretariat, Puducherry.
2.The Secretary to Government, (Art and Culture/Wakf) cum Commissioner Excise, Government of Puducherry Chief Secretariat, Puducherry.
3.The Deputy Commissioner (Excise) Cum Licensing Authority, Government of Puducherry, Office of the Deputy Commissioner (Excise) Industrial Estate, Thattacnhavadi, Puducherry.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, Directing the 2nd Respondent to dispose of Statutory Appeal dated 24.6.2020 pending on the file of the Commissioner (Excise) Government of Puducherry preferred by the petitioner under Section 60 (2) of the Puducherry Excise Act 1970 and r/w Rule 215 of the Puducherry Excise Rule 1970 within the stipulated time frame.
For Petitioner : Mr.Prakash Audiyapadam For Mr.Vaikunth For Respondents : Mr.J.Kumaran, AGP
O R D E R
Heard Mr.Prakash Audiyapatham learned counsel appearing on behalf of Mr.Vaikunth, learned counsel for the petitioner and Mr.J.Kumaran, learned Additional Government Pleader for the respondents.
2. The petitioner seeks a Writ of Mandamus directing the second respondent, i.e., Secretary to Government, (Art and Culture/Wakf) cum Commissioner Excise, Government of Puducherry Chief Secretariat, Puducherry to dispose the statutory appeal dated 24.06.2020 preferred by the petitioner in terms of Section 60 (2) of the Puducherry Excise Act, 1970 read with Rule 215 of the Puducherry Excise Rule 1970 and pending on his file.
3. The urgency expressed by the petitioner is that the licence period expires by 31.07.2020.
4. On instructions, Mr.Kumaran, learned Additional Government Pleader states that the hearing of the matter has been fixed on 16.07.2020. This date is noted by the learned counsel for the petitioner and the petitioner who is stated to be present along with her counsel at the present hearing being held by video conferencing.
5. Since the licence period is extended till 31.07.2020, status quo as of today shall be maintained till 31.07.2020, by which time the statutory appeal shall be disposed in accordance with law after hearing the petitioner.
6. In the light of the above, this Writ Petition is disposed. No costs. Connected Miscellaneous Petition is closed. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar sl To 1.The Secretary to Government (Excise), Government of Puducherry, Chief Secretariat, Puducherry.
2.The Secretary to Government, (Art and Culture/Wakf) cum Commissioner Excise, Government of Puducherry Chief Secretariat, Puducherry.
3.The Deputy Commissioner (Excise) Cum Licensing Authority, Government of Puducherry, Office of the Deputy Commissioner (Excise) Industrial Estate, Thattacnhavadi, Puducherry.
Writ Petition No.8996 of 2020 and WMP. No.10924 of 2020 rsv(co) aa04/08/2020