The Madras United Club, v. The Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.01.2018 Coram The Hon'ble Mr.Justice T.S.Sivagnanam Writ Petition No.27099 of 2017 and W.M.P.No.28931 of 2017 The Madras United Club, Represented by its Honorary Secretary, Ajitkumar, No.3, Frazer Bridge Road, Park Town, Chennai 600 003.

...Petitioner

Vs.

1.The Commissioner of Prohibition and Excise, Chepauk, Chennai 600 005.

2.Taluk Excise Officer, Pursaivakkam Taluk, Chennai 03.

3.The Government of Tamil Nadu, represented by its Secretary, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

4.The Tahsildar, Purasawalkam Taluk, Chennai 600 003.

...Respondents

Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, directing the first respondent herein to consider the application of the petitioner for renewal of FL2 license. No.20/81, 82 for the year 20172018. For Petitioner : Mr.K.Doraisami Senior Counsel for : Mr.Sandeep S.Shah For Respondents : Mr.J. Pothiraj Special Government Pleader

O R D E R

Heard Mr.K.Doraisami, the learned Senior Counsel appearing for Mr.Sandeep S.Shah, the learned counsel for the petitioner and Mr.J.Pothiraj, the learned Special Government Pleader for the respondents.

2.

The petitioner seeks for issuance of a Writ, in the nature of Mandamus, directing the first respondent to consider their application for renewal of FL2 license, bearing No.20/81, 82 for the year 2017-2018.

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3.

The reason for non-renewal of FL2 license is, on account of the fact that, the petitioner is in huge arrears of rent, payable towards the property, in which, the petitioner's Club is situated. This demand made by the Revenue Officials has been challenged by the petitioner, in W.P.No.26764 of 2017, and in the said Writ Petition, it appears that, a conditional order was passed, directing the petitioner to pay a sum of Rupees Two Crore.

4.

The learned Senior Counsel for the petitioner would submit that, the petitioner is taking steps to seek for modification of the said order. In any event, unless and until, the issue relating to the alleged rent is cleared, no direction could be issued to the first respondent/Commissioner of Prohibition and Excise, and renew the licence. 5.

Accordingly, this Writ Petition is disposed of, giving liberty to the petitioner to renew his request before the first respondent, as and when, obtaining appropriate interim or final order in W.P.No.26764 of 2017. No costs. Consequently, connected Writ Miscellaneous Petition is closed. dna/s Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Prohibition and Excise, Chepauk, Chennai 600 005.

2.Taluk Excise Officer, Pursaivakkam Taluk, Chennai 03.

3.The Secretary, Government of Tamil Nadu, Prohibition and Excise Department, Fort St. George, Chennai 600 009.

4.The Tahsildar, Purasawalkam Taluk, Chennai 600 003.

+1cc to MR.Muthumani Doraisami, Advocate SR.No.2522/18 CRP(CO) sM:6.2.2018 Writ Petition No.27099 of 2017 https://hcservices.ecourts.gov.in/hcservices/