Vanavil Recreation Club, v. The Assistant Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2016
CORAM
THE HONOURABLE MS.JUSTICE R. MALA W.P.No.9735 of 2016 and W.M.P.No.8718 of 2016 Vanavil Recreation Club Rep. by Secretary K.P.Krishnasamy D.No.5/177, Sulthanpettai, Mangalam Road, Mangalam Post, Tirupur District.
.. Petitioner .. Vs ..
1. The Assistant Commissioner, Prohibition and Excise, Tirupur, Tirupur District.
2. The Deputy Superintendent of Police, Palladam Range, Palladam, Tirupur District.
3. The Inspector of Police, Mangalam Police Station, Mangalam, Tirupur District.
.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 07.03.2016 and direct the respondents to provide protection to the petitioner Club, its Members, Personnel in order for the Club to function with the FL2 licence, peacefully.
For Petitioner : Mr.Muthukumarasamy, Senior Counsel for M/s.A.Jenasenan For Respondents: Mr.P.Sanjay Gandhi, Additional Government Pleader
ORDER
The petitioner has come forward with this writ petition praying for a issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 07.03.2016 and direct the respondents to provide protection to the petitioner Club, its Members, Personnel in order for the Club to function with the FL2 licence, peacefully.
2. Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.
3. Learned Senior Counsel for the petitioner would submit that the petitioner has submitted an application for grant of FL 2 licence under the Tamil Nadu Liquor (Lincense & Permit) Rules, 1981, and the petitioner was issued with a licence for possession of liquor for supply to its members. After getting No Objection Certificates from the second and third respondents, the Commissioner of Prohibition and Excise, Chepauk, Chennai, has granted licence to the petitioner Club. The learned Senior Counsel for the petitioner further submitted that even though the petitioner is having proper licence, a group of anti social elements have entered into the petitioner Club and made unlawful activities and also threatened to hurt and kill the members/personnel of the petitioner Club, if the petitioner did not accede to their demands.
Hence, the petitioner has given a representation dated 07.03.2016 to the third respondent seeking police protection. But since the third respondent has not shown any interest to dispose of the said representation, the petitioner has come forward with this petition for the above stated relief.
4. Considering the limited prayer sought for by the petitioner, the third respondent is directed to consider the representation of the petitioner dated 07.03.2016 and pass appropriate orders for providing police protection to the petitioner Club, in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar Jrl
To
1. The Assistant Commissioner, Prohibition and Excise, Tirupur, Tirupur District.
2. The Deputy Superintendent of Police, Palladam Range, Palladam, Tirupur District.
3. The Inspector of Police, Mangalam Police Station, Mangalam, Tirupur District.
1 cc to Government Pleader, High Court, Madras., Sr. 27430 2 ccs to Mr.A. Jenasenan, Advocate, Sr. 27065 W.P.No.9735 of 2016 JSV (CO) kk 3/5