Murugampalayam Health And Recreation Club v. The Commissioner Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023 CORAM :

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.Nos.23293 and 23295 of 2023 Murugampalayam Health and Recreation Club, Represented by its Secretary N.Raju, S/o.Nachappa Gounder, No.2D, Trichy Road, Palladam, Tiruppur District - 641 664.

... Petitioner Vs.

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

2.The District Collector, Tiruppur District, 3.The Assistant Commissioner, Prohibition and Excise Department, Page No. 1 of 5

4.The District Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the first respondent in R.C.No.P&E2(1)/2563/2023, dated 20.05.2023 and the consequential show cause notice issued by the first respondent in Ma(Ma)Aa.2(1)/2563/2023, dated 24.05.2023 and quash the same.

For Petitioner : Ms.Lakshmi Sriram for Mr.T.Bashyam For Respondents :

For R1 to R3 : Mr.J.C.Durai Raj Additional Government Pleader For R4 : Mr.M.Sekar Standing Counsel

ORDER

Mr.J.C.Durai Raj, learned Additional Government Pleader takes notice on behalf of the first to third respondents and Mr.M.Sekar, learned Standing Counsel takes notice on behalf of the fourth respondent. Page No. 2 of 5

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the first to third respondents and the learned Standing Counsel for the fourth respondent.

3. This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Additional Government Pleader for the first to third respondents and the learned Standing Counsel for the fourth respondent by directing the first respondent to dispose of the impugned Show Cause Notice dated 24.05.2023 within a period of fifteen days from the date of receipt of a copy of this order.

4. Considering the fact that the bar attached to the Recreation Club of the petitioner has remained closed in view of the impugned suspension order dated 20.05.2023 and considering the fact that the reasons given prima facie appears to be non-sustainable, the impugned order bearing R.C.No.P&E2(1)/2563/2023 of the first respondent dated 20.05.2023 suspending the bar license shall be kept in abeyance pending disposal of the Page No. 3 of 5

show cause proceedings by the first respondent within the aforesaid period. No costs. Consequently, connected Writ Miscellaneous Petitions are closed. 14.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order arb To 1.The Commissioner of Prohibition and Excise Department, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Collector, Tiruppur District, 3.The Assistant Commissioner, Prohibition and Excise Department, 4.The District Manager, Tamil Nadu State Marketing Corporation Limited, (TASMAC) Page No. 4 of 5

C.SARAVANAN, J.

arb and W.M.P.Nos.23293 and 23295 of 2023 14.08.2023 Page No. 5 of 5