Madras High CourtWP(MD)/8517/2021dismissed as infructuous

Muthu Selvi.M v. The Commissioner

2021-07-22Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.07.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and W.M.P(MD)No.6398 of 2021 M.Muthuselvi ... Petitioner Vs.

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

2.The District Collector, Madurai District, Madurai - 625 020.

3.The Assistant Commissioner, Prohibition and Excise Department, Collectorate Campus, Madurai - 625 020.

4.The District Manager, Tamilnadu State Marketing Corporation (TASMAC), Kappalur Industrial Estate, Madurai - 625 008.

5. Kurinchi Club, Rep. by its Secretary, Mr.Vignesh R.Marimuthu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents 1 to 3 to suspend or cancel the FL-2 licence granted in favour of the fifth respondent and forbear the fifth respondent from running the Kurinchi Club in a piece of vacant land with a tin sheet shed owned by the petitioner in Kochadai Village, Madurai South Taluk R.S.No.45/6B by considering the petitioner's written representation dated 20.03.2021 and 15.04.2021. For Petitioner : No Appearance For R-1 to R-3 : Mr.P.Thilak Kumar, Government Advocate For R-4 : Mr.H.Arumugam

ORDER

This writ petition is filed by the petitioner seeking for a direction to the respondents 1 to 3, to suspend or cancel the FL-2 1/3

licence granted in favour of the fifth respondent and forbear the fifth respondent from running the Kurinchi Club in a piece of vacant land with a tin sheet shed owned by the petitioner in Kochadai Village, Madurai South Taluk R.S.No. 45/6B, by considering the petitioner's written representations dated 20.03.2021 and 15.04.2021.

2. When the matter is taken up for hearing today, the learned Government Advocate by producing the proceedings of the second respondent in Na.Ka.No.47913/2020/X2, dated 19.07.2021, would submit that FL-2 licence granted to the fifth respondent had already been cancelled and hence, the prayer sought for in this writ petition has become infructuous.

3. Recording the said submission, this writ petition is dismissed as infructuous. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) pm 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, Prohibition and Excise Department, Chepauk, Chennai - 600 005.

2.The District Collector, Madurai District, Madurai - 625 020.

3.The Assistant Commissioner, Prohibition and Excise Department, Collectorate Campus, Madurai - 625 020.

2/3

+1 CC to M/s.H.ARUMUGHAM, Advocate ( SR-23785[F] dated 23/07/2021 ) 22.07.2021 ES(CO) KB(03.08.2021) 3P 5C 3/3