S.Sakthivel v. The Commissioner Of Prohibition And Excise
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.09.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR S.Sakthivel .. Petitioner -vs1. The Commissioner of Prohibition and Excise, Chepauk, Chennai 600 005.
2. The District Collector, Tiruppur District.
3. The District Manager, Tamilnadu State Marketing Corporation Ltd.
(TASMAC), Tiruppur.
..Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent to consider and dispose of the appeal dated 12.09.2022 filed by the petitioner, in accordance with law within a time limit to be fixed by this Court.
For Petitioner : Mr.M.Vijaya Ragavan For Respondents : Mr.P.Muthukumar State Govt. Pleader for RR 1 & 2 * * * * *
ORDER
(Order of the Court was made by The Hon'ble Acting Chief Justice/D.Krishnakumar, J.) This writ petition has been filed by S.Sakthivel with the limited prayer directing the Commissioner of Prohibition and Excise, Chepauk, the first respondent herein, to dispose of the pending appeal filed on 12.09.2022.
2. Mr.P.Muthukumar, learned State Government Pleader taking notice for the respondents 1 and 2, submitted that the appeal filed by the petitioner against the order dated 04.07.2022 passed by the second respondent herein will be disposed of within a period of two weeks.
3. In view of the above, the first respondent is directed to dispose of the pending appeal filed by the petitioner on 12.09.2022 within a period of two weeks from the date of receipt of a copy of this order, on merits and in accordance with law.
With the aforesaid direction, the writ petition stands disposed of. No costs.
(T.R., ACJ.) (D.K.K, J.) 30.09.2022 Speaking/Non-speaking order Index : Yes / No Internet : Yes / No sra To
1. The Commissioner of Prohibition and Excise, Chepauk, Chennai 600 005.
2. The District Collector, Tiruppur District.
3. The District Manager, Tamilnadu State Marketing Corporation Ltd.
(TASMAC), Tiruppur.
T.Raja, ACJ.
D.Krishnakumar, J.
(sra) 30.09.2022
THE HON'BLE ACTING CHIEF JUSTICE D.KRISHNAKUMAR,J.
This matter has been listed today under the caption "for being mentioned" at the instance of learned counsel for the petitioner.
Learned counsel appearing for the petitioner submitted that even though this court while disposing of the writ petition directed the second respondent to dispose of the appeal filed by the petitioner within two weeks and directed the parties to maintain status-quo, inadvertently the order of status-quo has not been mentioned in the order and if statusquo is not maintained till the disposal of the appeal, the filing of the appeal itself would become meaningless.
Heard learned counsel on either side.
Accepting the submission made by learned counsel for the parties, the order dated 30.9.2022 is modified to the effect that there shall be an order of status-quo till the
disposal of the appeal.
(T.R., A.C.J.) (D.K.K., J.) 26.10.2022 Note to Registry:
Issue order copy on 27.10.2022 sasi