M.Sathish Kumar v. The Commissioner Of Prohibition And Excise

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.19181 & 20836 of 2024 M.Sathish Kumar

...Petitioner

-Vs1.The Commissioner of Prohibition and Excise, Chepauk, Chennai-600 005.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Assistant Commissioner of Prohibition and Excise, Collectorate, Sivagangai District.

4.The Executive Officer, Thirupuvanam Town Panchayat, Thirupuvanam, Sivagangai District.

5.Vanavil Sports Club, Rep by its Secretary, Mr.Rajkumar, 24K, Sri City Nagar, Madurai Mandapam Main Road, Thirupuvanam, Sivagangai District.

...Respondents

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PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents 1 to 3 from granting FL2 License to the fifth respondent club without considering the objections submitted by the petitioner and other residents. For Petitioner : Mr.T.Lajapathi Roy Senior Counsel for Mr.M.Mahaboob Fazil For R1 to R4 : Mr.P.Thilak Kumar Government Pleader For R5 : Mr.G.Prabhu Rajadurai

ORDER

(Order of the Court was made by J.NISHA BANU, J.) This writ petition is filed to forbear the official respondents from granting FL2 License to the fifth respondent club without considering the objections submitted by the petitioner and other residents. 2.The grievance of the petitioner is that his representation/objection for granting FL2 license to the fifth respondent in the subject property, has not been considered so far. Therefore, he has filed this Writ Petition. 3.The learned Government Pleader appearing on behalf of the official respondents submits that the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court.

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4.Considering the limited scope of the prayer 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 second respondent to consider the representation of the petitioner dated 11.07.2024 by giving an opportunity of hearing to the petitioner as well as the fifth respondent and pass appropriate orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. (J.N.B.,J.) (S.S.Y.,J.) 28.04.2025 Index:Yes/No Internet : Yes/No ta To 1.The Commissioner of Prohibition and Excise, Chepauk, Chennai-600 005.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Assistant Commissioner of Prohibition and Excise, Collectorate, Sivagangai District.

4.The Executive Officer, Thirupuvanam Town Panchayat, Thirupuvanam, Sivagangai District.

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J. NISHA BANU,J.

and S.SRIMATHY.J ta and W.M.P.(MD)Nos.19181 & 20836 of 2024 28.04.2025 4/4