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Madras High CourtWP/49602/2025disposed of

Mahalingam v. The Principal Secretary To Government

2026-01-02Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2026 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN Mahalingam S/o.Murugesan 155, Ottamethai, Pallipalayam, Komarapalayam Taluk, Namakkal District - 638 008.

Petitioner Vs 1.The Principal Secretary to Government Prohibition and Excise Department, Secretariat, Chennai- 600 009.

2.The Commissioner of Prohibition and Excise Ezhilagam, Chepauk, Chennai-600 005.

3.The District Collector Namakkal District, Namakkal.

4.The Superintendent of Police Namakkal District, Namakkal.

5.The Fine Arts Recreation Club Rep. by its Secretary, Door No.19/1, Sankagiri Bypass Road, Pallipalayam, Nammakal District.

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st and 3rd respondents to consider and act upon the petitioner's representation dated 06.11.2025 and consequentially to close the liquor shop and bar operating under the name and style of "Fine Arts Recreation Club", situated at Door No.19/1, Sankagiri Bypass Road, Pallipalayam, Namakkal District.

For Petitioner:

Mr.S.Saranraj For Respondents:

Mr.K.Karthik Jagannath Government Advocate for respondent Nos.1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. A complaint regarding illegal selling of liquor by the private respondent has been made by the petitioner. According to the

petitioner, though the private respondent/club has been granted FL-2 licence for consumption of liquor by its own members, it has indulged in selling liquor in the open market.

3. Learned counsel for the State, on advance instructions, would submit that taking cognizance of the complaint, an enquiry has already been opened. Notices were also issued to the petitioner as also to the bar operator and depending upon the result of the enquiry, appropriate action, if needed, would be taken as expeditiously as possible.

4. In view of the disclosure so made by learned counsel for the State, we are not inclined to keep this petition pending, but to dispose it of with a direction to conclude the enquiry, one way or the other, within two months and, if the allegations are found true, take strict action against the bar operator, including cancellation of the licence, after affording reasonable opportunity of hearing to the bar operator.

5. We make it clear that we have not gone into the merits of the case.

Writ petition is disposed of accordingly. There shall be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 02.01.2026 Index :

Yes/No :

Yes/No bbr To:

1.The Principal Secretary to Government Prohibition and Excise Department, Secretariat, Chennai- 600 009.

2.The Commissioner of Prohibition and Excise Ezhilagam, Chepauk, Chennai-600 005.

3.The District Collector Namakkal District, Namakkal.

4.The Superintendent of Police Namakkal District, Namakkal.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr 02.01.2026