← Library
Madras High CourtWP/16390/2004dismissed

Pon Shanmugam v. The Managing Director

2017-05-05Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.16390 of 2004 and W.M.P.No.19367 of 2004 Pon Shanmugham .. Petitioner Vs.

1. The Managing Director, Tamilnadu State Marketing Corporation (Tasmac), No.19-A, Rukmani Lakshmipathi Salai, Egmore, Chennai-8.

2. The District Manager (South), Tamilnadu State Marketing Corporation (Tasmac), No.19-A, Rukmani Lakshmipathi Salai, Egmore, Chennai-8.

.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to issue the Bar licence in respect of Wine shop No.507 situated at No.B2/1-15, Arcot Road, Vadapalani, Chennai 600 026. For Petitioner : Mr.A.S.Baalaji For Respondents : Mr.K.Dhananjeyan, Special Government Pleader

O R D E R

The writ petition is filed seeking a direction to the second respondent to issue the Bar licence in respect of Wine shop No.507 situated at No.B2/1-15, Arcot Road, Vadapalani, Chennai 600 026. 2.

Bar licence cannot be claimed as a matter of right and further, it is for the competent authorities to decide the application, if any, submitted by the writ petitioner, in accordance with the merits and demerits of each case. Further, the permission for bar licence is sought for in the year 2004. In view of efflux of time, such a prayer cannot be considered. However, the prayer, as such, sought for is not maintainable in view of the fact that this Court, while exercising the jurisdiction under Article 226 of the Constitution of India, cannot direct the authorities to issue bar licence in favour of any person. Hence the contention raised in this writ petition deserves no merit for consideration. Accordingly, the writ petition stands dismissed as not maintainable. No costs. Consequently, connected WMP is also closed. 05.05.2017 Speaking/Non Speaking Index: Yes/No sr

To

1. The Managing Director, Tamilnadu State Marketing Corporation (Tasmac), No.19-A, Rukmani Lakshmipathi Salai, Egmore, Chennai-8.

2. The District Manager (South), Tamilnadu State Marketing Corporation (Tasmac), No.19-A, Rukmani Lakshmipathi Salai, Egmore, Chennai-8.

S.M.SUBRAMANIAM,J., sr/sts W.P.No.16390 of 2004 05.05.2017