M.Gopalakrishnan v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.05.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD)No.9518 of 2017 and W.M.P.(MD).Nos.7260 to 7262 of 2017 M.Gopalakrishnan ..

Petitioner Vs.

1.The District Collector, Collectorate, Kanyakumari District.

2.The Commissioner, Prohibition and Exercise, Chepauk, Chennai.

3.The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

4.The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent in his proceedings in Ma5/15423/17, dated 27.04.2017 (temporary lock and seal of liquor permit room in Metro City Club, Kanyakumari) and quash the same as illegal and further direct the respondents herein not to interfere with the activities of Metro City Club, Kanyakumari District, without following due process of law.

For Petitioner : Mr.D.Nallathambi For Respondents : Mr.B.Pugalendhi, Addl. Advocate General, assisted by Mr.K.P.Krishnadass, Government Advocate

O R D E R

This writ petition has been filed by the petitioner challenging the order passed by the first respondent, in his proceedings in Ma5/15423/17, dated 27.04.2017 (temporary lock and seal of liquor permit room in Metro City Club, Kanyakumari) and for a consequential direction to the respondents herein not to https://hcservices.ecourts.gov.in/hcservices/

interfere with the activities of Metro City Club, Kanyakumari District, without following due process of law. 2.The learned Additional Advocate General takes notice for the respondents. By consent, the writ petition itself is taken up for final disposal.

3.After an elaborate arguments, the learned counsel appearing on behalf of the petitioner submitted that it would suffice, if the representation of the petitioner to be submitted is directed to be disposed of, by the first respondent, on merits and in accordance with law, within a specified period. 4.The learned Additional Advocate General appearing on behalf of the respondents have no objection for such an order being passed by this Court.

5. In view of the above, the petitioner is directed to give a detailed representation raising his all grievances, within a period of one week from the date of receipt of a copy of this order. On receipt of such representation, the first respondent is directed to consider and pass orders on the same on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of two weeks thereafter.

6. This Writ Petition shall stand disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

Sd /- ASSISTANT REGISTRAR(RTI) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The District Collector, Collectorate,Kanyakumari District.

2.The Commissioner, Prohibition and Exercise,Chepauk, Chennai.

3.The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

4.The Tahsildar, Agasteeswaram Taluk, Kanyakumari District.

+1 CC TO MR.D.NALLATHAMBI, ADVOCATE,SR NO.57171 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.57649 gcg MAS/RSK/SA1:08.06.2017:2P-7C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD)No.9518 of 2017 24.05.2017