Benz Vaccations Club, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.08.2019 Coram THE HONOURABLE MR. JUSTICE M.SUNDAR W.P.No.24411 of 2019 and W.M.P.Nos.24144, 24146 and 24148 of 2019 BENZ VACCATIONS CLUB Rep. By its Secretary A.Thanajayam S/o.Arumugam Having office at No.781, Rayala Towers II Floor Anna Salai, Chennai - 600 002 ..
Petitioner vs.
1. The Managing Director Tamil Nadu State Marketing Corporation Ltd., 4th Floor Thalamuthu Natarajan Maligai Egmore, Chennai - 8
2. The Commissioner Prohibition and Excise Department Chepauk, Chennai 3.The Revenue Divisional Officer South Chennai Division Guindy, Chennai .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the entire records in pursuant to order of 3rd respondent in Proc.No.A2/3835/2019 dated 29.07.2019 and quash the same as illegal, arbitrary and unjust to law consequently direct the 3rd respondent to issue Form -D Certificate, building licence to the petitioner enabling the petitioner to run the bar without any hindrances and sales of liquors in the petitioner premises.
For Petitioner : Mr.M.Manimaran For Respondent : Mr.S.Kousik for Mr.K.Sathish Kumar Standing Counsel for TASMAC (R1) Mr.R.P.Pratap Singh Government Advocate for R2 and R3
ORDER
Mr.M.Manimaran, learned counsel on record for writ petitioner is before this Court. Mr.S.Kousik, learned counsel representing Mr.K.Sathish Kumar, learned Standing Counsel for TASMAC, accepts notice on behalf of first respondent and Mr.R.P.Pratap Singh, learned Government Advocate accepts notice on behalf second and third respondent.
2.After some arguments, learned counsel for writ petitioner sought leave to withdraw this writ petition, but made a request that rights of the writ petitioner to prefer an appeal to the District Collector may be preserved.
3. Learned counsel has made an endorsement in the case file, which reads as follows:
'I may be permit to withdraw and file a statutory appeal. Sd/- 21.09.2019 (M.MANIMARAN)'
4. Endorsement is reiterated in the hearing today.
5. In the light of the endorsement and reiteration of the same, this writ petition is dismissed as withdrawn albeit preserving the rights of the writ petitioner to prefer an appeal before the District Collector against the impugned order. Though obvious, it is made clear that all questions raised in the instant writ petition are left open. No costs.
Consequently, connected miscellaneous petitions are closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To
1. The Managing Director Tamil Nadu State Marketing Corporation Ltd., 4th Floor Thalamuthu Natarajan Maligai Egmore, Chennai - 8
2. The Commissioner Prohibition and Excise Department Chepauk, Chennai
3.The Revenue Divisional Officer South Chennai Division Guindy, Chennai +1 cc to Mr.M.Manimaran Advocate sr72382 +1 cc to Government Pleader sr72156 W.P.No.24411 of 2019 and W.M.P.Nos.24144, 24146 and 24148 of 2019 mr(co) aa19/09/2019