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Madras High CourtWP/17506/2020disposed of

M/S.Hotel Mount Heera v. The Commissioner

2021-02-18Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2021

CORAM:

THE HON'BLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.17506 of 2020 M/s.Hotel Mount Heera, Represented by its Partner, J.M.A.Hussain, S/o.J.M.Amanullah, No.287, M.K.N.Road, Alandur, Chennai - 600 016.

... Petitioner Vs.

1.The Commissioner, Prohibition ad Excise Department, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Deputy Commissioner (Excise), District Collector Office, Chennai District - 600 001.

3.The Revenue Divisional Officer, Alandur, Chennai - 600 016.

... Respondents Writ petition filed under Section 226 of the Constitution of India to issue a writ of mandamus directing the 3rd respondent to issue D-Form by consider the petitioner's application dated 26.07.2019 within the specific period of time fixed by this Court.

For Petitioner : Mr.D.Magesh For Respondents: Mr.V.Shanmugasundar Special Government Pleader

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the 3rd respondent to consider the petitioner's application dated 26.07.2019 for the issuance of D-Form license for the purpose of renewal of bar license for their hotel. https://hcservices.ecourts.gov.in/hcservices/

2.

According the petitioner, they have been possessing a bar license issued by the first respondent and they sought for renewal on 26.07.2019 by submitting an application with the third respondent. It is their case that till date, the said application has not been considered. Under those circumstances, they have filed this writ petition.

3.

The relief sought for in this writ petition is an innocuous one and no prejudice will be caused to the respondent if the petitioner's application for D-Form license for the purpose of renewal of their bar license is considered on merits and in accordance with law.

4.

For the foregoing reasons, this Court directs the third respondent to consider the petitioner's application dated 26.07.2019 seeking for issuance of D-Form license for the purpose of renewal of bar license for their Hotel Mount Heera situated at No.287, M.K.N.Road, Alandur, Chennai - 600 016 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsd To 1.The Commissioner, Prohibition ad Excise Department, Ezhilagam, Chepauk, Chennai - 600 005.

2.The Deputy Commissioner (Excise), District Collector Office, Chennai District - 600 001.

3.The Revenue Divisional Officer, Alandur, Chennai - 600 016.

+1 cc to M/s.D.Magesh, Advocate Sr.No. 10135 W.P.No.17506 of 2020 PMK(CO) RMP(18/03/2021) https://hcservices.ecourts.gov.in/hcservices/