Virudhunagar District F.L.2 Association -Sivakasi v. The Commissioner Of Prohibition And Excise

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Virudhunagar District F.L.2 Association - Sivakasi, Represented by its President M.Mariselvam, Having Office at, No.1261, Gnanagiri Road Sivakasi, Virudhunagar District.

... Petitioner Vs.

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

2.The Assistant Commissioner of Prohibition and Excise, Prohibition and Excise Department, Collectorate, 3.The Managing Director, TASMAC, Gandhi Irvin Road, Chennai.

4.The Senior Regional Manager, TASMAC, No.100, Anna Nagar, Madurai.

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5.The District Manager, TASMAC, Soolakarai, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 5th respondent to supply necessary brands and required quantity of liquor to the FL2 licencees of petitioner association who are running FL2 bars, based on the representation of the petitioner association dated 21.04.2023.

For Petitioner : Mr.T.Bashyam For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) For R-1 & R-2 Mr.H.Arumugam, Standing Counsel, For R-3 to R-5

ORDER

This Writ Petition is filed for Writ of Mandamus, directing the 5th respondent to supply necessary brands and required quantity of liquor to the FL2 license of petitioner association who is running bars, by considering the petitioner's representation dated 21.04.2023. 2/5

2. Admittedly, the petitioner is having FL2 license, but the respondents are declining to supply liquor as per the petitioner's need and choice. The petitioner is seeking particular brand of liquor and particular quantity and has placed an order to this effect.

3. Since the petitioner is in possession of the FL2 license, then the respondent is bound to supply the liquor. Therefore, the respondent is directed to consider the petitioner's representation dated 21.04.2023, as per law, within a period of four weeks (4) from the date of receipt of a copy of this order.

4. In view of the above, this Writ Petition is allowed. There shall be no order as to costs.

20.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Sml 3/5

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

2.The Assistant Commissioner of Prohibition and Excise, Prohibition and Excise Department, Collectorate, 4/5

S.SRIMATHY, J.

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