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Madras High CourtWP(MD)/6091/2026disposed of

Tamilnadu Fl2 Urimatharargal Sangam v. The Secretary

2026-03-06Honourable Mr Justice D.Bharatha Chakravarthy5 pages

2026:MHC:986 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 06.03.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)Nos.5112 and 5113 of 2026 Tamil Nadu FL2 Urimatharargal Sangam Rep by its President M.C.Veerapandian S/o.Chinnasamy Thevar, W27/L.F, Road 1st Floor Kulalar Complex, Cumbum Theni District-625 516 ... Petitioner Vs.

1.The Secretary, Home Prohibition and Excise Department, Fort George, Secretariate Chennai-600 009.

2.The Commissioner, Prohibition and Excise Department, Ezhilagam, Chepauk, Chennai-600 005.

3.The Assistant Commissioner(Excise) Prohibition and Excise Department, Theni.

...Respondents

Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Ceriorari, calling for the records pertaining to the

impugned letter issued by the 2nd respondent in Letter No.P&E 2(4)/7721/2025, dated 06.01.2026 and consequential impugned memo issued by the 3rd respondent in Na.Ka.No.0020/2026/g;gp1 dated 08.01.2026 and quash the same.

For Petitioner :Mr.T.Bashyam For R1 to R3 :Mr.M.Lingadurai Special Government Pleader

ORDER

The writ petition is filed challenging the impugned letter dated 06.01.2026 and the consequential memo dated 08.01.2026. 2.Upon hearing the learned counsel for the petitioner and perusing the impugned order, the impugned order is nothing but circular that is sent to all the authorities, specifying certain procedures with reference to renewal of FL 2, FL 3 license, etc. The association of the licence holders is before this Court.

3.The learned counsel appearing on behalf of the petitioner Association would submit that every year as of the last date of the month of February, the licence holders if they pay their renewal fee, it will be taken without penalty. If they pay on or before 31st March, it will be taken with penalty, the same is not a problem and all the members are in a position to pay. But however, this year certain documents are required which include

NOC from the fire department etc. The members are facing difficulty in obtaining the documents immediately and there is an administrative delay in issuing these documents. If the application itself has to be made with all the documents, certainly that will take beyond the cut off time and therefore, the members are put in to the peril of losing the renewal of the licence itself. Therefore, the association is challenging the order. 4.Per Contra the learned Special Government Pleader would submit that these are general instructions and the documents are mandatory for renewing the licence.

5.It can be seen that the aggrieved individual licensees are not before this Court, but the association has come generally citing the difficulties that are faced by the licensees.

6.In view of the same, I am of the view that the impugned orders dated 06.01.2026 and 08.01.2026 need not be set aside. However, since the association is espousing the difficulties faced by the members, and since the association has already made a representation, the second respondent shall consider the said representation and take a decision in accordance with law.

7.In view thereof, this writ petition is disposed of on the following terms:

(i)The representation of the petitioner dated 20.02.2026 shall be taken up for consideration by the 2nd respondent, an opportunity of hearing can also be given to the office bearers of the petitioner Association and orders be passed, as expeditiously as possible, in any event, not later than two weeks from the date of receipt of the web copy. No costs. Consequently, connected miscellaneous petitions are closed. 06.03.2026 NCC:Yes/No Ns To 1.The Secretary, Home Prohibition and Excise Department, Fort George, Secretariate Chennai-600 009.

2.The Commissioner, Prohibition and Excise Department, Ezhilagam, Chepauk, Chennai-600 005.

3.The Assistant Commissioner(Excise) Prohibition and Excise Department, Theni.

D.BHARATHA CHAKRAVARTHY, J.

Ns and W.M.P(MD)Nos.5112 and 5113 of 2026 06.03.2026