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Madras High CourtWP(MD)/8015/2018allowed

V.Jerald v. The Commissioner

2018-04-12Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8015 of 2018 V.Jerald ... Petitioner Vs.

1. The Commissioner, Prohibition and Excise, Chepauk, Chennai-5.

2. The District Collector, Kanyakumari District, Nagercoil.

3. The Superintendent of Police, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 22.03.2018 before granting license for selling liquor to Hotel Central, No.1417H, Kuruchadi Junction, Puthukadai, Kanyakumari District.

For Petitioner : Mr.G.Ramanathan For Respondents : Mr.N.Shanmugaselvam Additional Government Pleader

ORDER

The petitioner's application dated 22.03.2018, for granting license for selling liquor to Hotel Central, No.1417H, Kuruchadi Junction, Puthukadai, Kanyakumari District, has been kept pending without disposal, which prompted the petitioner to file the present writ petition.

2. By consent of both counsels, this writ petition is taken up for final disposal.

3.It is needless to point out that whenever any representation / application is made to the statutory authorities, the respondents are bound to dispose of the same in one way or other, rather than keeping it pending indefinitely.

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4. In view of the limited prayer sought for and without going into the merits of the petitioner's representation dated

22.03.2018, there shall be a direction to the second respondent to consider the petitioner's representation on its own merits and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this Order. Such an exercise shall be done after giving due opportunity to the management of Hotel Central, No.1417H, Kuruchadi Junction, Puthukadai, Kanyakumari District and to any other person who may be interested in the subject matter.

5. With the above observation, this writ petition stands allowed. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Prohibition and Excise, Chepauk, Chennai-5.

2. The District Collector, Kanyakumari District, Nagercoil.

3. The Superintendent of Police, Nagercoil, Kanyakumari District.

+1cc to Mr.G.Ramanathan, Advocate Sr.No.60947 PNN VB/RSK/SAR3/27/04/2018/2P/5C W.P.(MD) No.8015 of 2018 12.04.2018 https://hcservices.ecourts.gov.in/hcservices/