Madras High CourtWP/14873/2021disposed of

Citadines Omr Aparthotel Private Limited v. The State Of Tamilnadu

2021-07-19Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2021

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.14873 of 2021 Citadines OMR Aparthotel Private Limited Rep by its Director Mr. Prasanna Raghavan

...Petitioner

Vs.

1. The State of TamilNadu Rep by the Secretary to Government Prohibition and Excise Department Fort St. George, Chennai-600 009

2. The Commissioner of Prohibition and Excise Government of Tamil Nadu Ezhilagam, Kamarajar Salai, Chepauk Chennai- 600 005

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of mandamus directing the Respondents to refund the license and privilege fees paid in respect of License No.F.L.3 No.09/ 2018-19 for Excise year 20192020 and 2020 - 2021 corresponding to the period of lockdown of 171 days when no business operation was permitted in accordance with Rule 24A of the TamilNadu Liquor (License And Permit) Rules 1981.

For Petitioner :

No Appearance For Respondents :

Mr.NRR Arun Natarajan Government Advocate

ORDER

There is no appearance by or on behalf of the petitioner.

2. Mr.NRR Arun Natarajan, learned Government Advocate accepts notice for the respondents and is armed with instructions to proceed with the matter finally even at the stage of admission.

https://hcservices.ecourts.gov.in/hcservices/

3. The prayer is for a mandamus directing the respondents being, the State of Tamil Nadu and the Commissioner of Prohibition and Excise, R1 and R2 respectively, to refund the license and privilege fees paid in respect of License No.F.L.3 No.09/ 2018-19 for Excise year 2019-20 and 2020-21 corresponding to the period of lockdown of 171 days, when no business operation was permitted in accordance with Rule 24A of the TamilNadu Liquor (License And Permit) Rules 1981. The petitioner has also filed a representation dated 03.05.2021, in this regard before R2.

4. Mr.Arun assures the Court that the representation will be disposed within a period of six (6) weeks from today, after hearing the petitioner in accordance with law.

5. With the aforesaid directions, this writ petition is disposed. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy// Sub Assistant Registrar ska To:

1. The Secretary to Government Prohibition and Excise Department Fort St. George, Chennai-600 009

2. The Commissioner of Prohibition and Excise Government of Tamil Nadu Ezhilagam, Kamarajar Salai, Chepauk Chennai- 600 005 +1cc to Mr.A.Suresh, Advocate, S.R.No.34813 +1cc to the Government Pleader, S.R.No.34642 W.P. No.14873 of 2021 KSM(CO) SU(01/09/2021) https://hcservices.ecourts.gov.in/hcservices/