Sevanthipoo Recreation Club v. The Commissioner Of Prohibition And Exercise

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition(MD)No.23306 of 2025 Tvl. Sevanthipoo Recreation Club, rep. by its Secretary, K.Muthuvairavan S.No.1068/2C11, Anna Nagar North, Pamban, Ramanathapuram District - 623 521.

... Petitioner Vs.

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

2.The Assistant Commissioner (Excise) Prohibition and Excise Department, Ramanathapuram.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the Respondents to renew the FL2 liquor licence No.39/2020-2021 of the petitioner club based on the representation of the petitioner dated 21.08.2025.

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For Petitioner : Mr.T.Bashyam For Respondents : Mr.D.Ghandiraj Spl. Govt. Pleader

ORDER

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to pass appropriate orders on the petitioner's representation dated 21.08.2025 for renewal of FL2 Liquor Licence No.39/2020-2021.

3. The learned Special Government Pleader appearing for the respondents submits that the petitioner's representation will be considered. However, it is stated that the petitioner was issued an FL2 licence only for a period of one month, since licences are issued from 1st April of each year till 31st March of the succeeding year, as per Rule 18 of the Tamil Nadu Liquor (Licence and Permit) Rules, 1981. It is further submitted that though the licence was issued for the period of one year, the petitioner did not lift liquor from TASMAC. Apart from 2/5

this, objections have been raised by one Anitha, who holds a bar licence attached to the TASMAC shop, opposing the issuance of the FL2 licence to the petitioner. It is contended that in case the petitioner applies for an FL2 licence in any other location, his request for renewal will be considered.

4. The learned counsel for the petitioner, on the other hand, submits that although the petitioner has not purchased liquor after the initial FL2 licence was issued on 16.02.2021, the petitioner has paid the requisite charges amounting to Rs.47,43,771/-.

5. Having considered the submissions made by the learned counsel on either side and taking into account the fact that the petitioner has paid the aforesaid amount, this Court is of the view that there can be no impediment to direct the respondents to process the petitioner's application for renewal of the FL2 licence, since the petitioner has complied with the requirements under the Rules. If the petitioner's rival, who appears to hold a bar licence, is creating obstacles, it is for the respondents to take appropriate steps either to instruct TASMAC to cancel such bar licence or not to renew the same during the ensuing tender process. The petitioner cannot be denied renewal of his FL2 licence on that ground.

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6. Accordingly, this writ petition is disposed of by directing the respondents to process the petitioner's renewal application dated 21.08.2025 and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. No costs. 28.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Commissioner of Prohibition and Excise, Prohibition and Excise Department, Chepuak, Chennai - 600 005.

2.The Assistant Commissioner (Excise) Prohibition and Excise Department, Ramanathapuram.

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C.SARAVANAN, J.

skn Writ Petition(MD)No.23306 of 2025 28.08.2025 5/5