Madras High CourtWP/31354/2015disposed of

Hotel Mount Heera v. The State Of Tamil Nadu

2015-10-12Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2015

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.31354 of 2015 and M.P.No.1 and 2 of 2015 Hotel Mount Heera Represented by its Partner J.M.Amanullah 287, M.K.N.Road St.Thomas Road Chennai-600 016.

.. Petitioner Vs.

1.The State of Tamil Nadu represented by the Secretary Department of Prohibition and Excise Secretariat, Fort St.George Chennai-600 009.

2.The Collector Kancheepuram District Kancheepuram.

3.The Commissioner Prohibition and Excise Department Ezhilagam, Chepauk, Chennai-600 005.

4.The Assistant Commissioner (Excise) Kancheepuram, Kancheepuram District.

5.The Managing Director Tamil Nadu State Marketing Corporation Ltd.

Gandhi Irwin Bridge Egmore, Chennai-600 008.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the proceedings of the 3rd respondent in R.C.No.P&E2(2)/5610/2015, dated 21.09.2015, rejecting the renewal of licence to run the Bar at Hotel Mount Heera situate at No.287, M.K.N.Road, St.Thomas Mount, Alandur, Chennai-600 016 and quash the same and consequently, direct the 3rd respondent to renew the licence of the petitioner in No.31/97-98 on merits and in accordance with the provisions of the Tamil Nadu Liquor (Licence and Permit) Rules, 1981.

For Petitioner : Ms.Vasudha Thiagarajan For RR 1 to 4 : Mr.M.S.Ramesh Addl. Govt. Pleader For R5 : Mr.S.Muthuraj

ORDER

Writ Petition has been filed to call for the records pertaining to the proceedings of the 3rd respondent in R.C.No.P&E2(2)/5610/2015, dated 21.09.2015, rejecting the renewal of licence to run the Bar at Hotel Mount Heera situate at No.287, M.K.N.Road, St.Thomas Mount, Alandur, Chennai-600 016 and quash the same and consequently, direct the 3rd respondent to renew the licence of the petitioner in No.31/9798 on merits and in accordance with the provisions of the Tamil Nadu Liquor (Licence and Permit) Rules, 1981.

2.Heard the learned counsel appearing on behalf of the petitioner, learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 and the learned counsel for the fifth respondent.

3.As per the Tamil Nadu Liquor (Licence and Permit) Rules, 1981, renewal of FL3 licence for the year 2015-2016 came to be rejected only on the ground that there is no provision for condoning the delay in filing the renewal application.

4.According to the learned counsel for the petitioner, they had in fact explained the actual delay, which is not huge in number, but the authority simply pointing out that there is no specific rule or provision to consider the belated submission of application for renewal, rejected the same. There is no outer time limit specifically for condoning the delay. Further, Rule 21 of Tamil Nadu Liquor (Licence and Permit) Rules, 1981 also proceeds to the effect that the licensing authority may admit such renewal application, even if it is belated, provided there are good and sufficient reasons for the delay. When such being the position, according to the Rule 21, the simple rejection that there is no specific rule or provision to consider the belated submission of application, cannot be accepted. 5.

For the reasons stated above, the impugned order in R.C.No.P&E2(2)/5610/2015, dated 21.09.2015, is set aside and the matter is remitted back to the authority for passing appropriate orders on consideration of explanation for the delay submitted by the petitioner after affording opportunity to him. Necessary orders be passed on or before 20.10.2015, failing which, supplies to the shop of the petitioner be resumed forthwith pending disposal of the application.

6.With the above said direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

-s/dAssistant Registrar(CO) dt:14/10/2015 True Copy Sub-Assistant Registrar To 1.The State of Tamil Nadu represented by the Secretary Department of Prohibition and Excise Secretariat, Fort St.George Chennai-600 009.