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Madras High CourtWP/13629/2004dismissed as infructuous

C.Vincent Raj v. Secretary, Prohibition And

2017-06-30Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2017

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.13629 of 2004 C.Vincent Raj ... Petitioner Vs.

1.The State of Tamil Nadu Rep. By its Secretary, Prohibition & Excise, VI Department, Fort St. George, Chennai - 600 009.

2.The Assistant Commissioner (Excise) (I/C), Kanyakumari District, Nagercoil.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the second respondent to refund a sum of Rs.1,50,000/- (Rs.1,00,000/- deposited as security deposit for running a shop and Rs.50,000/- deposited as a security deposit for running a bar in the shop) deposited as a security deposit.

For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondents : Mr.Akhil Akbar Ali

ORDER

Heard Mr.Haja Mohideen Gisthi, learned counsel for the petitioner and Mr.Akhil Akbar Ali, learned Standing Counsel appearing for the respondents.

2.The petitioner was granted a license to run the TASMAC shop and he has paid the security deposit for running the same. According to the petitioner, he has fulfilled 97% of the target fixed by the Government. Therefore, the petitioner submitted a representation to the second respondent on 12.01.2004 requesting for refund of the security deposit of Rs.1,00,000/- for running the shop and Rs.50,000/- for running the bar. Since the said representation has not been considered, the present writ petition has been filed. 3.Considering the nature of the relief sought for and since the matter is pending from the year 2004 onwards, the writ petition is disposed of by directing the petitioner to submit a representation to the second respondent along with a copy of this order and on receipt of such representation, the second respondent is directed to consider the same and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of such representation. No costs.

11.10.2017 Speaking order Index : Yes/No Internet : Yes/No Sgl

To 1.The Secretary, The State of Tamil Nadu, Prohibition & Excise, VI Department, Fort St. George, Chennai - 600 009.

2.The Assistant Commissioner (Excise) (I/C), Kanyakumari District, Nagercoil.

T.S.SIVAGNANAM, J.

Sgl W.P.No.13629 of 2004 11.10.2017