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Madras High CourtWP/35647/2023disposed of

R.Gopalamoorthy v. The Chief Secretary

2023-12-21Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Gopalamoorthy ..

Petitioner Vs.

1. The Chief Secretary Government of Puducherry Secretariat, Beach Road Puducherry - 605 001.

2. The Excise Commissioner Excise Department O/o. District Collector Puducherry.

3. The Deputy Commissioner (Excise) Department of Excise Puducherry - 605 001.

4. M.Muthukumarasamy ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 3 to consider the representation dated 25.11.2023 given by the petitioner to not to give permission for the fourth respondent to open liquor shop at Puvanakara Street, Thillai Nagar, Mudaliyarpet, Puducherry.

For the Petitioner : Mr.J.Rajmohan For the Respondents : Mr.S.Ravee Kumar Government Pleader (Puducherry) for R1 to R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.J.Rajmohan, learned counsel for the petitioner and Mr.S.Ravee Kumar, learned Government Pleader (Puducherry) for respondents 1 to 3.

2. The petitioner submits that respondent 4 is trying to shift his liquor shop. The place where it is shifted is not conducive and he cannot be permitted to open the liquor shop at Puvanakara Street, Thillai Nagar, Mudaliyarpet, Puducherry.

3. The petitioner has already raised his objections before the authority. The authority may consider the said objections, on its own merits and in accordance with law, while taking a decision with regard to the shifting of the concerned shop.

4. In the light of that, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 21.12.2023 Index :

Yes/No :

Yes/No drm To

1. The Chief Secretary Government of Puducherry Secretariat, Beach Road Puducherry - 605 001.

2. The Excise Commissioner Excise Department O/o. District Collector Puducherry.

3. The Deputy Commissioner (Excise) Department of Excise Puducherry - 605 001.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 21.12.2023