Mr.Jean Baptiste Prashant More v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.30921 of 2018 Jean Baptiste Prashant More ..Petitioner Vs.

1. The Union of India Represented by The Chief Secretary to Government, Office of the Chief Secretariat, Government of Puducherry, Goubert Avenue, Puducherry - 605001.

2. The Secretary to Government, Revenue Department, Office of the Chief Secretariat, Goubert Avenue, Puducherry - 605001.

3. The Deputy Commissioner (EXCISE), Industrial Estate Road, Thattanchavadi, Puducherry - 605008.

4. M/s. Hotel Due Parc represented by its Managing Partner Mr.Michael Antony, No.5, J.N.Street, Pondicherry.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to consider my representations dated 18.09.2017 and 04.04.2018 in accordance with their Circular dated 20.02.2018 vide Circular No.22764/DCE/S2/2017-18, Excise Act and Rules and pass a speaking order to that effect and pass such other order or orders that are necessary in the facts and circumstances of the case, award costs.

For Petitioner : No Appearance For Respondents : Mr.J.Kumaran [R1 to R3] Additional Government Pleader (Puducherry) M/s.Kamala Kumar [R4] 1/3

O R D E R

There is no representation for the petitioner. However, this Court is inclined to dispose the writ petition based on the submissions made by the learned Additional Government Pleader appearing for the respondents 1 to 3 and learned counsel appearing for the fourth respondent.

2. The petitioner seeks for a Mandamus, directing the respondents to consider his representations dated 18.09.2017 and 04.04.2018 and pass an order on the same.

3. It is seen through the said representations that the petitioner made a request to the official respondents not to renew the bar license given in favour of the fourth respondent. It is specifically contended by the petitioner that the fourth respondent is illegally running the bar without any valid license.

4. The learned Additional Government Pleader (Puducherry) appearing for the respondents 1 to 3 based on instructions submitted that the bar license issued in favour of the fourth respondent has already expired on 31.03.2018 and thereafter, the said license is not renewed.

5. The learned counsel for the fourth respondent also submitted that they have not applied for the renewal of bar license as on today.

6. The learned Additional Government Pleader (Puducherry) appearing for the respondents 1 to 3 further submitted that since there is no bar license in force, in favour of the fourth respondent, the authorities will see that the fourth respondent is not running the bar without such license.

7. In view of the above stated submissions made by the learned counsel appearing for the respondents, I find that nothing survives in this writ petition to be adjudicated upon further. Accordingly, recording the above submissions made by the learned counsel appearing for the respondents, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 2/3

To

1. The Chief Secretary to Government, The Union of India, Office of the Chief Secretariat, Government of Puducherry, Goubert Avenue, Puducherry - 605001.

2. The Secretary to Government, Revenue Department, Office of the Chief Secretariat, Goubert Avenue, Puducherry - 605001.

3. The Deputy Commissioner (EXCISE), Industrial Estate Road, Thattanchavadi, Puducherry - 605008.

+1 cc to M/s.M.Magesh,Advocate Sr.No. 92433 +1 cc to The Public Prosecutor for Puducherry, Sr.No.92143 AKM/06.12.19/3P-6C / W.P.No.30921 of 2018 3/3