M/S.Ranjit Bar v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2020

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. Nos.9472, 9473 & 9476 of 2020 and WMP.Nos.11576, 11580 & 11577 of 2020 M/s.Ranjit Bar, Rep. by its Proprietor Mr.N.Shanmugam No.15, R.S.No.85/8, Killinjikuppam Road, Karayamputhur, Bahour commune, Puducherry.

.. Petitioner in WP.9472/2020 M/s.G.R.Rajasekaran Bar, FL2/116, Rep. by its Proprietor Mr.G.R. Rajasekaran, R.S. No.74/1 and 74 /2, Veerampattinaam Road, Radhakrishnan Nagar, Ariyankuppam, Puducherry.

.. Petitioner in WP.9473/2020 M/s.Nava Duraga Wines, FL2/21 Rep .by its partner Mr.T.Vasudevan, R.S. No.47/1, Mailam Road, Sedurapet, Puducherry.

.. Petitioner in WP.9476/2020 Vs.

1.Union of India, Rep. by Union Territory of Puducherry, Rep. by the Commissioner (Excise), Puducherry. 2.Union of India Rep. by Union Territory of Puducherry, Rep. by the Deputy Commissioner (Excise) -cum - Licensing Authority, Puducherry.

.. Respondents in all WPs Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying Writ of Mandamus to direct the 1st respondent to forthwith dispose of the appeal filed by the petitioner before the 1st respondent against the order of the 2nd respondent in No.1805 / DCE / IMFL / 2020 -21 dated 05/05/2020, 07/05/2020 and 05/05/220 cancelling the FL -2 licence of the petitioners.

For Petitioners : Ms.G.P.Bhargavi For Respondent : Mr.J.Kumaran, AGP (P)

COMMON ORDER Heard Ms.G.P.Bhargavi, learned counsel for the petitioners and Mr.J.Kumaran, learned Additional Government Pleader (Pondicherry) for the respondents.

2. By consent expressed by both learned counsel, these writ petitions are taken up for final disposal even at this stage.

3. The prayer of the petitioners is for a mandamus directing the first respondent to dispose the appeals filed by the petitioners challenging the order of the 2nd respondent dated 05.05.2020 and 07.05.2020, cancelling the FL2 licenses.

4. When this matter came up for admission on 20.07.2020, Mr.Kumaran, learned Standing Counsel accepted notice on behalf of the respondents and pointed out that in two out of the three writ petitions defects memos were ready to be issued by the Excise Authorities pointing out certain defects in the appeals filed. As regards the third appeal filed, defect memo issued by the authority had been complied with by the petitioner. This Court has thus directed that the two defect memos be also served upon the petitioners in order to enable them to comply with this same. This appears to have been done as on date.

5. The three appeals filed are thus defect free. Mr.Kumaran, learned Additional Government Pleader states that the same would be taken up for hearing and disposal in accordance with law. This is recorded.

6. The petitioner is permitted to approach the 1st respondent praying for early/expeditious hearing, which request, as and when filed, will be promptly considered and decided by the first respondent depending on his roster.

7. With the aforesaid directions, these writ petitions are disposed of. Consequently, connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS-I) //True copy// Sub Assistant Registrar Sl

To 1.Union of India, Rep. by Union Territory of Puducherry, Rep. by the Commissioner (Excise), Puducherry. 2.Union of India , Rep. by Union Territory of Puducherry, Rep. by the Deputy Commissioner (Excise) -cum - Licensing Authority, Puducherry.

W.P. Nos.9472, 9473 & 9476 of 2020 and WMP.Nos.11576, 11580 & 11577 of 2020 SPD(CO) GMY(09/09/2020)