Madras High CourtWP/24517/2015disposed of

S. Easwaran, v. The Commissioner,

2015-08-10Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2015

CORAM:

THE HON'BLE MR. JUSTICE R.MAHADEVAN W.P.No.24517 of 2015 S.Easwaran [ Petitioner ] Vs 1 The Commissioner Prohibition and Excise, Chepauk, Chennai - 5.

2 M/s. Netwin Sport Club, rep. by its Secretary, SF.No.432, Door No.3/874, (Opp. Kongu Mandapam), Min Nagar, Palladam Tiruppur District.

[Respondents ] Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the first respondent to dispose of the appeal dated 25.06.2015 within a stipulated period of time.

For petitioner :

Mr.MA.P.Thangavel For respondents :

Mr.M.L.Mahendran, GA

O R D E R

Heard the learned counsel for the petitioner and Mr.Mr.M.L.Mahendran, learned Government Advocate, who took notice for the respondents and with their consent, the main writ petition itself is taken up for disposal.

2. This writ petition has been filed for a writ of mandamus to direct second respondent herein, to dispose of the petitioner's appeal dated 25.06.2015, within a stipulated time.

3. The grievance of the petitioner is that the petitioner is owning 5.75 acres of land which is his ancestral property. It is alleged that third parties have tresspassed into his property and tried to create encumbrance. One Senthilkumar, managed to get bar licence by producing duplicate documents relates to the petitioner's property. In this regard, the petitioner had submitted several representation to the authorities for cancellation of the said bar licence. Since no response was forthcoming, he filed an appeal before the Appellate Authority and the same is not taken on file till date, the petitioner has come to this Court. 4.The learned counsel for the petitioner submitted that it would be suffice if the appeal is disposed of, on merits within the time stipulated by this Court.

5. Hence, without going into the merits of the writ petition, this Court, considering the limited prayer made by the petitioner, hereby directs the first respondent to verify the appeal papers and if the same is in order, shall hear the appeal and pass appropriate orders after affording due opportunity to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

The writ petition is disposed with the above direction. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar smi

To The Commissioner Prohibition and Excise, Chepauk, Chennai - 5.

1 CC to M/s.Ma.P.Thangavel, Advocate SR.No. 41451 W.P.No.24517 of 2015 SKV (CO) PSI (11.08.2015)