Arumugam.V v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.24370 of 2022 V.Arumugam ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Inspector of Police, Aranthangi Police Station, 3.The Inspector of Police, Prohibition and Enforcement Wing (PEW), Alangudi, 4.Sekar 5.Nirmala ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the 3rd respondent herein to take necessary action against the 4th and 5th respondents on the basis of the petitioner's representation dated 07.09.2022 and consequently direct the 3rd respondent herein to close the illegal 1/6

liquor business carried in the premises comprised in S.No.50/1, Narpavalakudi Village, Aranthangi Taluk, Pudukkottai District within the time stipulated by this Honble Court. For Petitioner : Mr.T.Manikandan For Respondents 1 to 3 : Mr.T.S.Senthil Kumar Additional Government Pleader * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus, directing the 3rd respondent to take necessary action against the respondents 4 and 5 on the basis of his representation dated 07.09.2022 and consequently, for a direction to the 3rd respondent to close the illegal liquor business carried in the premises comprised in S.No.50/1, Narpavalakudi Village, Aranthangi Taluk, Pudukkottai District, within a time frame. 2.

Heard Mr.T.Manikandan, learned counsel for the petitioner and Mr.T.S.Senthil Kumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 2/6

3.

Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 4 and 5 is dispensed with.

4.

Alleging that the 4th respondent is selling illicit and spurious liquor, brought from other States like Pondicherry, Andrapradesh etc., in the house premises comprised in S.No.50/1, Narpavalakudi Village, Aranthangi Taluk, Pudukkottai District, belonging to the 5th respondent and thereby causing loss of revenue to the Government and nuisance to the public, the petitioner submitted a representation to the official respondents on 07.09.2022, and the same, according to the learned counsel for the petitioner, remains as such. Hence, the Writ Petition. 5.

Learned counsel for the petitioner would further submit that though the petitioner has sought for a larger relief, he would be satisfied, if a direction is issued to the first respondent to dispose of his representation dated 07.09.2022, within a time frame.

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6.

Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner, either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 07.09.2022 and pass appropriate orders on merits and in accordance with law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] 26.10.2022 Internet : Yes / No Index : Yes / No sj To 1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Inspector of Police, Aranthangi Police Station, 4/6

3.The Inspector of Police, Prohibition and Enforcement Wing (PEW), Alangudi, 5/6

R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

sj W.P(MD)No.24370 of 2022 26.10.2022 6/6