Oorambu Classic Court v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17393 of 2018 Oorambu Classic Court Sports Club, Rep. by it Secretary, No.3/85A, Oorambu Junction, Kollemcode Post, Kanniyakumari District.

... Petitioner vs.

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

2.The Assistant commissioner, Prohibition and Excise, Nagercoil.

3.The District Collector, Kanyakumari District, Kanyakumari @ Nagercoil ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to pass orders on the petitioner's application dated 25.06.2018 for renewal of FL-2 License within a time frame fixed by this Court. For Petitioner :

Mr.M.Saravanan For Respondents :

Mr.J.Gunaseelanmuthiah, Additional Government Pleader.

O R D E R

Mr.J.Gunaseelanmuthiah, learned Additional Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his application dated 25.06.2018, seeking for renewal of FL-2 License, has not been considered by the second respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the application made by the petitioner. It is needless to point out that whenever a application of this nature is made, the respondents are duty bound to consider the same in one way https://hcservices.ecourts.gov.in/hcservices/

or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's application within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's application dated 25.06.2018 on its own merits and take further action in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and any other persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) To:

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

2.The Assistant commissioner, Prohibition and Excise, Nagercoil.

3.The District Collector, Kanyakumari District, Kanyakumari @ Nagercoil.

+1cc to M/S.N.C.Ashok Kumar, Advocate SR.No. 77064 +1cc to Special Government Pleader, SR.No. 77477 W.P.(MD) No.17393 of 2018 03.08.2018 cp JM/KAK/SAR 3/07.09.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/