K.Karunanithi v. Excise Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.11.2019

CORAM

THE HON'BLE MR.JUSTICE K.RAVICHANDRABAABU W.P.NO.21803 OF 2019 K.Karunanithi S/o.Kanagasabhai ... Petitioner vs.

1.The Excise Commissioner Department of Revenue and Disaster Management Government of Puducherry Puducherry.

2.The Deputy Commissioner (Excise) Government of Pondicherry Puducherry.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of the 1st respondent dated 26.03.2012 made in Excise Appeal No.01/2011 and quash the same and consequently, direct the respondents to issue FL-2 licence to the petitioner herein.

For Petitioner : Mr.R.Thiagarajan For Respondents : Mr.J.Kumaran Additional Government Pleader (Pondy)

O R D E R

This writ petition is filed challenging the order of the first respondent dated 26.03.2012, wherein and whereby, the appeal filed by the petitioner under Section 60(2) of the Puducherry Excise Act and Rules, 1970, against the order of the Deputy Commissioner (Excise), Puducherry dated 15.11.2010, rejecting the petitioner's claim for grant of new FL-02 licence under Section 60(2) of the Puducherry Excise Act and Rules, 1970, was dismissed.

2. Heard the learned counsel for the petitioner and perused the materials placed before this Court.

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

3. I am not inclined to entertain this writ petition solely on the ground that the petitioner approached this Court and filed this writ petition after a period of more than 7 years. Perusal of the affidavit filed in support of the writ petition, though projected some family dispute as the reason for the delay, I am not convinced with those reasons to entertain the writ petition, when the delay is enormous and has not been explained to convince this Court to entertain the present writ petition.

4. Accordingly, this Writ Petition is dismissed only on the ground of delay and latches. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mk To 1.The Excise Commissioner Department of Revenue and Disaster Management Government of Puducherry Puducherry.

2.The Deputy Commissioner (Excise) Government of Pondicherry Puducherry.

+1cc to Mr.R.Thiagarajan, Advocate, S.R.No.92035 +1cc to the Public Prosecutor for Puducherry, S.R.No.21294 W.P.No.21803 of 2019 PA(CO) CS/06/12/2019 https://hcservices.ecourts.gov.in/hcservices/