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Madras High CourtWP/48425/2025disposed of

Babu v. The Commissioner Of Prohibition And Excise,

2025-12-11Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE WP No. 48425 of 2025 and W.M.P. Nos.54067, 54069 & 54070 of 2025 BABU Petitioner(s) Vs

1. The Commissioner Of Prohibition And Excise, Ezhilagam, Kamarajar Salai, Chepauk, Chennai.

2.The District Collector Thiruvallur District.

3.The Managing Director Tamil Nadu State Marketing Corporation, Gandhi Irwin Road, Egmore, Chennai.

4.The District Manager Tamil Nadu State Marketing Corporation, Thiruvallur East District.

Respondent(s) PRAYER calling for the entire records in pursuant to the proceedings in Se. Mu. Ka. En. A3/ 1590/ 2025 dated 25.11.2025 passed by the 4th respondent and quash the same as illegal, incompetent arbitrary, unconstitutional and further direct the respondents to reopen the TASMAC wine shop No.8771 situated in the petitioner property at Survey No.32, 33/1, Balaji Nagar, North Malayambakkam, Chennai-122.

For Petitioner(s):

Mr Singaravelan, Senior Counsel For Mr M.Manimaran For Respondent(s):

Mr Balathandayutham, Special Government Pleader For R1 and R2 Mr Balakrishnan, Standing Counsel for TASMAC For R3 and R4

ORDER

This writ petition has been filed, challenging the impugned order dated 25.11.2025 passed by the fourth respondent closing down the TASMAC Shop bearing No.8771, located in the address, morefully described in the prayer to this writ petition.

2.The petitioner has challenged the impugned order on the ground that the said order is a non-speaking order as no reasons have been assigned for closing down the petitioner's TASMAC Shop. The licence period of the petitioner's TASMAC Shop only expires on 31.12.2025 as seen from the documents filed along with this writ petition. The petitioner has been running the TASMAC Shop from February 2024 onwards. The only reason given by the fourth respondent for closing down the petitioner's TASMAC Shop is that due to administrative reasons, the said shop is being closed.

3.Mr.Balathandayutham, learned Special Government Pleader accepts notice on behalf of R1 and R2 and Mr.Balakrishnan, learned Standing Counsel for TASMAC, accepts notice on behalf of R3 and R4. 4.Admittedly, no reasons have been given by the fourth respondent for closing down the petitioner's TASMAC shop. He has been running the shop from February 2024 onwards and licence also expires only on 31.12.2025. Without disclosing the reasons, just by saying that the shop is being closed on account of administrative reasons, the impugned order ought not to have been passed by the fourth respondent. Since the impugned order dated 25.11.2025 passed by the fourth respondent is a non-speaking order, which is detrimental to the interest of the petitioner, the same has to be quashed and the matter has to be remanded back to the competent authority for fresh consideration, on merits and in accordance with law, after giving an opportunity for the petitioner to submit his representation seeking explanation as to why there is no reason for closure of the subject shop.

5.Accordingly, the impugned order dated 25.11.2025 passed by the fourth respondent is hereby quashed and the matter is remanded back to the very same fourth respondent or the competent authority, who has to decide the issue for fresh consideration, on merits and in accordance with law. The petitioner is directed to submit a representation seeking explanation as to why there is no

reason for closure of the shop to the competent authority within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the competent authority shall consider the said representation/explanation and pass final orders, on merits and in accordance with law within a period of four weeks thereafter. With the above direction, this writ petition is disposed of. Consequently, connected WMPs are closed. No costs. 11-12-2025 vga

To 1.The Commissioner Of Prohibition And Excise, Ezhilagam, Kamarajar Salai, Chepauk, Chennai.

2.The District Collector Thiruvallur District.

3.The Managing Director Tamil Nadu State Marketing Corporation, Gandhi Irwin Road, Egmore, Chennai.

4.The District Manager Tamil Nadu State Marketing Corporation, Thiruvallur East District.

ABDUL QUDDHOSE J.

vga 11-12-2025