M.P.Sankarapandian v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI and W.M.P.(MD) No.11015 of 2020 (Through Video Conferencing) M.P.Sankarapandian : Petitioner Vs.
1.The District Collector Madurai District, Madurai.
2.The Assistant Commissioner (Excise) Madurai City.
3.The Manager, Excise and Customs, Madurai.
4.M/s.Moon Tower Club 21 PT Rajan Road, Sellur, Madurai : Respondents (R4 is suo motu impleaded as per order dated 05.10.2020 in WP(MD)No.12964 of 2020) PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents not to grant the license to run the TASMAC shop (Manamahilmandram) at Junction in Jeeva Main Road, Kulamangalam Road, Madurai North, Madurai District, based on the petitioner's representation dated 17.02.2020 and 15.09.2020. For Petitioner : Mr.M.Ramu For Respondents : Mr.T.Murugaraj for R1 & R2 Government Advocate Mr.J.Jeyakumar R4 Mr.H.Arumugam for R3
ORDER
(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner herein has come forward to issue a Writ of Mandamus directing the respondents not to grant license to run the club, based upon the representation dated 17.02.2020. 1/3
2.The learned counsel for the petitioner submitted that the license though issued has been anti-dated, there are serious objections and without considering the report of the respondent No.2, the same has been granted.
3.The learned Government Advocate appearing for the respondents 1 and 2 submitted that there is no bona fide in the writ petition filed. It is filed only to settle the personal score. The license has also been given, after conducting due enquiry. The said license has been transferred thereafter, as the respondent No.4 wants to change the place of functioning. The Commissioner of Police, Madurai, has also given no objection certificate. On the objection of the petitioner, a report has been called for and the report of the Additional Divisional Excise Officer (North) is awaited.
4.Inasmuch as the license has already been granted, the relief sought for does not survive any longer. However, a report of the Additional Divisional Excise Officer is still awaited. 5.In such view of the matter, the Additional District Excise Officer, Madurai North is directed to send a report to the respondent No.2 within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, the respondent No.2 shall pass appropriate orders. 6.The writ petition stands disposed of accordingly. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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 District Collector Madurai District, Madurai.
2.The Assistant Commissioner (Excise) Madurai City.
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3.The Manager, Excise and Customs, Madurai.
Copy to The Additional District Excise Officer, Madurai North.
Order made in Dated: 22.01.2021 PK(CO) TR(09.02.2021) 3P 5C 3/3