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Madras High CourtWP/46079/2025disposed of

Menaka v. The Commissioner

2025-12-02Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-12-2025

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE W.P. No. 46079 of 2025 Menaka .. Petitioner Vs

1. The Commissioner, Prohibition & Excise Department, II Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Collector, Perambalur District, Perambalur.

3. The Asst.Commissioner, Prohibition & Excise Department, Perambalur - 621 212.

.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India in the nature of writ of mandamus directing the 2nd respondent herein to consider the petitioners representation dated 10.10.2025 sent for objecting to setting up a Recreational club at Kalai Nagar, Ariyalur Road, Koulpalayam Panchayat, Thuraimangalam, Perambalur District in accordance with law and within a stipulated period.

For Petitioner:

Mr.K.Govi Ganesan For Respondents:

Mr.C.Jaya Prakash, Government Advocate __________Page 1 of 4

ORDER

This writ petition has been filed seeking for a direction to the second respondent to consider the petitioner's representation dated 10.10.2025 and pass final orders within a time frame to be fixed by this Court. 2.The aforesaid representation was given by the petitioner on the ground that the proposed Recreational club, situated at Kalai Nagar, Ariyalur Road, Koulpalayam Panchayat, Thuraimangalam, Perambalur District is attempting to set up a liquor bar, which will cause nuisance to the public. Therefore, the petitioner has sought for removal of the bar from the Recreational club through her representation dated 10.10.2025. Since the representation has not been considered, the petitioner has filed this writ petition. 3.Mr.C.Jayaprakash, learned Government Advocate accepts notice on behalf of the respondents.

4.No prejudice would be caused to the respondents if the petitioner's representation, as stated supra, is considered, on merits and in accordance with law within a time frame to be fixed by this Court. However, the respondents will have to hear the Recreational club, situated at Kalai Nagar, Ariyalur Road, __________Page 2 of 4

Koulpalayam Panchayat, Thuraimangalam, Perambalur District before passing any final order.

5.This Court is not expressing any opinion on the merits of the petitioner's representation.

6.Accordingly, this writ petition is disposed of by directing the second respondent to pass final orders, on merits and in accordance with law on the petitioner's representation dated 10.10.2025, referred to supra, after giving an opportunity of hearing to the Recreational club, situated at Kalai Nagar, Ariyalur Road, Koulpalayam Panchayat, Thuraimangalam, Perambalur District to raise all objections with regard to the representation made by the petitioner and only after considering the same, the second respondent shall pass final orders within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

02-12-2025 vga To

1. The Commissioner, Prohibition & Excise Department, II Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2. The Collector, Perambalur District, Perambalur.

3. The Asst.Commissioner, Prohibition & Excise Department, Perambalur - 621 212.

__________Page 3 of 4

ABDUL QUDDHOSE, J.

vga W.P. No. 46079 of 2025 02-12-2025 __________Page 4 of 4