Muruganantham. M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN M.Muruganantham ... Petitioner Vs 1.The District Collector, Chennai.
2.The Pay and Accounts Officer (East), Thillaiyadi Valliyammal Co-optex Building, 3rd, 4th and 5th Floor, Pantheon Road, Egmore, Chennai - 600 008.
3.The Commissioner of Prohibition and Excise, Prohibition and Excise Department, Ezhilagam, Chepauk, Chennai - 600 005.
4.The Assistant Commissioner (Excise), Prohibition and Excise Department, Ramanathapuram.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 4 to refund the deposit amount of Rs.8,32,500/- with interest from 27.07.2022 to until realization of deposited amount. For Petitioner : Ms.M.Rajeswari For Respondents : Mr.S.Senthil Vel Additional Government Pleader 1/5
ORDER
This Writ Petition has been filed for a direction, directing the respondents to refund the deposited amount of Rs.8,32,500/- with interest from 27.07.2022.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The petitioner is a member of the Royal Recreation Mandram registered under the Society Registration Act. The petitioner was permitted to change the name as 'Golden Star Recreation Club' and deposited to the tune of Rs.5,00,000/- on 19.07.2022 and a sum of Rs.3,32,500/- on 20.07.2022 for supply of foreign liquor to its members as per FL2 licence form under Section 17(b) of the Tamil Nadu Liquor (Licence and permit) Rules, 1981. However, due to unavoidable circumstances, the petitioner is unable to continue the club and submitted a representation to the respondents to refund the deposited amount. On receipt of the representation from the petitioner's counsel, the third respondent 2/5
sent a communication to the first respondent dated 08.01.2024 seeking a report and recommendation with a credit certificate from the authorities concerned for taking necessary action on the request made by the petitioner.
4.In view of the above, the third respondent is directed to refund the deposited amount, which was made by the petitioner to the tune of Rs.8,32,500/-, after deducting the applicable fee amount, if any and refund the same to the petitioner within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
08.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5
To 1.The District Collector, Chennai.
2.The Pay and Accounts Officer (East), Thillaiyadi Valliyammal Co-optex Building, 3rd, 4th and 5th Floor, Pantheon Road, Egmore, Chennai - 600 008.
3.The Commissioner of Prohibition and Excise, Prohibition and Excise Department, Ezhilagam, Chepauk, Chennai - 600 005.
4.The Assistant Commissioner (Excise), Prohibition and Excise Department, Ramanathapuram.
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G.K.ILANTHIRAIYAN, J.
ps Order made in 08.11.2024 5/5