Perumal Manamagil Mandram v. The Commissioner Of Prohibition And Excise

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Perumal Manamagil Mandram, Represented by its Secretary.

... Petitioner Vs.

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

2.The District Collector, Madurai District, Madurai.

3.The Assistant Commissioner, O/o.the Assistant Commissioner, Excise Department, Collectorate Campus, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents 1 and 2 to dispose of the application preferred by the petitioner dated 30.11.2022 for grant of licence in form FL2 for the petitioners Recreational Club namely, Perumal Manamagil Mandram situated in Door No.456A, Masthanpatti, Vandiur Bypass, Madurai under the Tamil Nadu Liqour (license and Permit) Rules, 1981. 1/5

For petitioner : Mr.M.Mahaboob Fazil For respondents : Mr.S.P.Maharajan Special Government Pleader *****

ORDER

This Writ Petition has been filed for directing the respondents 1 and 2 to dispose of the application preferred by the petitioner dated 30.11.2022 for grant of licence in form FL2 for the petitioners Recreational Club namely, Perumal Manamagil Mandram situated in Door No.456A, Masthanpatti, Vandiur Bypass, Madurai under the Tamil Nadu Liqour (license and Permit) Rules, 1981.

2. The case of the petitioner is that the petitioner has filed an application for granting FL2 licence as early as on 30.11.2022.

3. It is submitted that there were certain defects in the application, which has been rectified by the petitioner. It is submitted that the respondents have not processed the application filed for FL2 licence to the petitioner under the provisions of Tamil Nadu Prohibition Act, 1937 and Tamil Nadu Liquor (Licence and Permit) Rules, 1981.

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4. The learned Special Government Pleader for the respondents, on instructions, submits that the first respondent had received certain objections from the residents from the locality and therefore, a report was called for by the first respondent from the District Collector, Madurai and that the District Collector has given a report on 24.11.2023 bearing reference in Na.Ka.No.Mathu2/423661/2022. The said report has now been handed over to the learned counsel for the petitioner. The learned counsel for the petitioner confirms the same.

5. Under these circumstances, the first respondent is directed to pass suitable orders for granting FL2 licence to the petitioner. In case, the petitioner deserves the same, it may be issued to the petitioner.

6. Needless to state, this exercise will be completed within a period of six weeks from the date of receipt of a copy of this order. This Writ Petition is disposed of, with above directions. No costs. Index : Yes / No 04.07.2024 Internet : Yes / No apd 3/5

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

2.The District Collector, Madurai District, Madurai.

3.The Assistant Commissioner, O/o.the Assistant Commissioner, Excise Department, Collectorate Campus, Madurai.

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C.SARAVANAN, J.

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