R.Dennis v. The Commissioner Of Prohibition And Excise

W.P.(MD) No.1999 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN W.P.(MD) No.1999 of 2020 and W.M.P.(MD) No.1664 of 2020 R.Dennis ... Petitioner -vs1.The Commissioner of Prohibition and Excise Chepauk, Chennai-600 005 2.The District Collector Kanyakumari District 3.The District Manager Tamil Nadu State Marketing Corporation Kanyakumari District 4.The Assistant Commissioner Prohibition and Excise Department Tirunelveli 5.Stanly ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus forbearing the respondents No.1 to 4 from granting FL2 licence to the 5th respondent and his men for running and establishing a Recreational club at Door No.14/27A, Nithiraivilai Junction, near to Nithiraivilai Post Office, Nithiraivilai - 629 154, Killiyoor Taluk, Kanyakumari District.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1, R2 & R4 Mr.Ragadeesh Kumar for M/s.Isaac Chambers for R5 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.1999 of 2020

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The petitioner has filed the above writ petition to issue a writ of mandamus forbearing the respondents 1 to 4 from granting FL2 licence to the fifth respondent and his men for establishing and running a Recreational Club at Door No.14/27A, Nithiraivilai Junction, near Nithiraivilai Post Office, Nithiraivilai - 629 154, Killiyoor Taluk, Kanyakumari District.

2. When the writ petition was taken up for hearing, the learned counsel appearing for the fifth respondent submitted that the fifth respondent has already been issued with FL2 licence, dated 22.01.2020, and he has also produced a copy of the FL2 licence to that effect. In these circumstances, the prayer sought for in the writ petition has become infructuous. 3.

Accordingly, the writ petition is dismissed as infructuous. However, it is open to the petitioner to challenge the FL2 licence, dated 22.01.2020, issued to the fifth respondent, in accordance with law. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

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

2.The District Collector, Kanyakumari District. 3.The Assistant Commissioner, Prohibition and Excise Department, Tirunelveli. +1 CC to M/s.SPL.GP ( SR-4394[F] +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-4430[F] +1 CC to M/s.R.PONKARTHIKEYAN, Advocate ( SR-4480[F] W.P.(MD) No.1999 of 2020 and W.M.P.(MD) No.1664 of 2020 31.01.2020 SMV(CO) TR(12.02.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2