Sumesh. S v. The Commissioner Of Prohibition And Excise(I/C)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI and WMP(MD)No.970 of 2021 (Through Video Conferencing) S.Sumesh : Petitioner Vs.

1.The Commissioner of Prohibition and Excise (i/c) Chepauk, Chennai.

2.The District Collector Madurai, Madurai District 3.The Superintendent of Police, 4.The Managing Director (TASMAC) Tamilnadu State Marketing Corporation CMDA Building, Tower II, Gandhi Irwin Bridge, Egmore, Chennai.

5.The District Manager (TASMAC) Madurai South : Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to forbearing the respondents from granting FL2 License under Tamilnadu Liquor (License and Permit) Rules 1981 and opening of any TASMAC supplied club bar at the same S.No.41/1 at Vilacheri Village, Nagamalai Pudukottai, Madurai, where already a TASMAC shop was closed by the proceedings of the 5th respondent in Na.Ka.No.2592/S.N.5581/2020/D, dated 15.12.2020.

For Petitioner : Mr.F.Deepak For Respondents : Mr.R.Murugaraj for R1 to R3 Government Advocate Mr.H.Arumugam for R4 & R5 1/3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has filed the present writ petition in pursuant to the representation made prohibiting granting of FL2 license in S.No.41/1 at Vilachery Village, Nagamalai Pudukottai, Madurai District.

2.The learned counsel for the petitioner submitted that after filing of the writ petition, a communication has been sent from the office of the Joint Commissioner, Commissioner of Prohibition and Excise in P&E 2(1)/180/2021 dated 20.01.2021, by which, the respondent No.2 was directed to conduct an enquiry and send a report.

3. In such view of the matter, we direct the respondent No.1 to conclude the aforesaid enquiry, after receiving the report from the respondent NO.2 in tune with the letter dated 20.01.2021 within a period of six weeks from the date of receipt of a copy of this order.

4. The writ petition stands disposed of with the above direction. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Commissioner of Prohibition and Excise (i/c) Chepauk, Chennai.

2.The District Collector Madurai, Madurai District 3.The Superintendent of Police, 2/3

4.The Managing Director (TASMAC) Tamilnadu State Marketing Corporation CMDA Building, Tower II, Gandhi Irwin Bridge, Egmore, Chennai.

5.The District Manager (TASMAC) Madurai South +1 CC to M/s.H.ARUMUGAM, Advocate ( SR-2447[F] dated 29/01/2021 ) +1 CC to M/s.F.DEEPAK, Advocate ( SR-2104[F] dated 27/01/2021 ) Dated: 25.01.2021 smv(CO) KK(09.02.2021) 3P 8C 3/3