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Madras High CourtWP/14100/2018disposed of

Golden Jubile Club A Regd. v. The State Of Tamil Nadu,

2018-06-26Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2018

CORAM

THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.14100 of 2018 & W.M.P.No.16674 of 2018 M/s. Golden Jubile Club A Regd. Society Rep. by its Secretary Mr.M.S.Vasisth At Shop No.A2, 1st Floor OMR Food Street No.10, MGR Road, Kandhanchavadi Perungudi, Chennai-600 096.

...Petitioner

v.

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

2 The Collector Chennai District, Chennai.

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

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

5 The Managing Director Tamil Nadu State Marketing Corporation Ltd.

Gandhi Irwin Bridge Egmore, Chennai-600 008.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent herein to consider and pass appropriate orders in the petitioner's application dated 12.01.2018 for grant of FL2 licence for running the Recreational Club with Bar at Shop No.A2, First Floor, OMR Food Street, No.10, MGR Road, Kandhan

Chavadi, Perungudi, Chennai-600 096 within a time frame. For Petitioner : Ms. Vasudha Thiagarajan For Respondent : Mr.J.Pothiraj Special Govt. Pleader - for R1 to R4 Mr.K.Sathish Kumar - for R5

ORDER

Heard Ms.Vasudha Thiagarajan, learned counsel appearing for the petitioner, Mr.J.Pothiraj, learned Special Government Pleader, appearing for the respondents 1 to 4 and Mr.K.Sathish Kumar, learned counsel Counsel appearing for the 5th respondent.

2. The petitioner has filed this writ petition praying for a direction to the 3rd respondent to consider their application dated 12.01.2018 for grant of FL2 licence for running the Recreational Club with Bar at Shop No.A2, First Floor, OMR Food Street, No.10, MGR Road, Kandhan Chavadi, Perungudi, Chennai-600 096.

3. The learned Special Government Pleader appearing for the respondents 1 to 4, on instructions from the respondents, submitted that the District Collector has forwarded his recommendations to the 4rd respondent, who has to consider the same and pass appropriate orders. Further, it is submitted that the 3rd respondent may be granted reasonable time to pass orders.

4. In the light of the said submission made by the learned Special Government Pleader appearing for the respondents 1 to 4, there will be a direction to the 3rd respondent to consider the petitioner's application dated 12.01.2018, take note of the stand taken by the District Collector and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

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

2 The Collector Chennai District, Chennai.

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

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

5 The Managing Director Tamil Nadu State Marketing Corporation Ltd.

Gandhi Irwin Bridge Egmore, Chennai-600 008.

+1cc to Mr.K.Sathish Kumar, Advocate Sr.No.40322 +2cc to Mr.R.Thiagarajan, Advocate Sr.No.40338 EU:27.6.2018 W.P.No.14100 of 2018 & W.M.P.No.16674 of 2018