Madras High CourtWP Crl.(MD)/368/2026disposed of

Time Pass Recreation Club v. The Commissioner

2026-02-19Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.02.2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY WP Crl.(MD). No.368 of 2026 and WMP Crl.(MD)No.102 of 2026 Time Pass Recreation Club, Rep. by its Secretary, Gnanaprakash ... Petitioner Vs.

1. The Commissioner, Prohibition and Excise Department, Chepauk,Chennai.

2. The District Collector, Ramanathapuram District, District Collector Office, Ramanathapuram District.

3. The Superintendent of Police, O/o. the Superintendent of Police, The District Collectorate Complex, Ramanathapuram District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for entire records pertaining to the impugned order passed by the 3rd respondent 1/5

herein vide proceeding reference No.Na.Ka.No.J1/012537/120/2025 dated 15.09.2025 and impugned order passed by the 2nd respondent herein vide proceeding Reference No.Na.Ka.IFP4/17441/2025 dated 25.09.2025, quash the same and consequentially direct the 1st respondent herein to issue a license for FL-2 Bar to the petitioner's Club within a stipulated period that may be fixed by this Court. For Petitioner : Mr. Niranjan S. Kumar, For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate (Crl.Side) for R3 : Mr.M.Muthumanikkam, Government Advocate for R1 & R2

ORDER

This Writ Petition has been filed to quash the impugned order passed by the 3rd respondent herein vide proceeding reference No.Na.Ka.No.J1/012537/120/2025 dated 15.09.2025 and impugned order passed by the 2nd respondent herein vide proceeding Reference No.Na.Ka.IFP4/17441/2025 dated 25.09.2025, quash the same and consequentially direct the 1st respondent herein to issue a license for FL-2 Bar to the petitioner's Club.

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2. Heard the learned counsel on either side and perused the material available on record.

3. In the rejection order, the respondents have stated that a school, Panchayat Office and hospital are located in the vicinity, and further that two murders had occurred in and around the area.

4. It is seen from the records that another FL-II licence has been granted by the respondents to one Sevuga Re-creation Club. The petitioner's FL-II licence premises is situated only 80 meters away from the said existing FL-II licence. Therefore, the reasons stated in the impugned order is total non application of mind. If the reasoning stated in the impugned order is correct, the other FL-II licence ought not to have been cancelled. Accordingly, the reasons assigned by the respondents are unsustainable and stand rejected. Consequently, the impugned orders passed by respondents are set aside. The respondents are directed to reconsider the petitioner's application afresh and pass appropriate orders, on merits and in accordance with law, within four weeks from the date of receipt of a copy of this order. . 3/5

5. With the above observation, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 19.02.2026 LS TO

1. The Commissioner, Prohibition and Excise Department, Chepauk, Chennai.

2. The District Collector, Ramanathapuram District, District Collector Office, Ramanathapuram District.

3. The Superintendent of Police, O/o. the Superintendent of Police, The District Collectorate Complex, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

LS WP CRL.(MD) No.368 of 2026 19.02.2026 5/5