Tvl. Golden Feeds, v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.S. SUNDAR and W.M.P.(MD).No.2770 of 2016 Tvl Golden Feeds represented by its Partner Thiru T.Asokan No.938, 1-A, Main Road, Kovilpatti, Tuticorin District - 628 501.

.. Petitioner Vs.

1.The State of Tamil Nadu represented by its Secretary to Government Department of Revenue, Fort St. George, Beach Road, Chennai - 600 009.

2.The Commissioner of Prohibitiion and Excise, 2nd Floor, Elilagam, Chepauk, Chennai - 600 005.

3.The District Revenue Officer, Tuticorin Collectorate, Korampallam, Tuticorin.

4.The Assistant Commissioner Excise, Tuticorin Collectorate, Korampallam, Tuticorin.

5.Divisional Excise Officer, Revenue Department, Taluk Office Compound, Kovilpatti.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to direct the 3rd respondent to pass orders on the representation of the petitioner, dated 10.10.2015 and to new the license and to issue 150 M.T. Per year and 30 M.T. At a time to the petitioner for the year 20152016 immediately. 1/3

For Petitioner : Mr.A.S.Mujibur Rahman For Respondents : Mr.A.Thiyagarajan for R1 to R5 Government Advocate

ORDER

The learned counsel for the petitioner submitted that though the prayer in the writ petition is for issuing a positive directions, the petitioner will be satisfied if a direction is issued to the third respondent to consider the petitioner's representation dated 10.10.2015 regarding renewal of licence and to pass appropriate orders on merits and in accordance with law, within the time stipulated by this Court.

2.Having regard to the limited scope of the prayer that is now sought for by the learned counsel appearing for the petitioner before this Court, without going into the merits of the petitioner's representation, this Court is inclined to issue the following direction.

(i)The third respondent is directed to consider the petitioner's representation, dated 10.10.2015 and pass appropriate orders on merits and in accordance with law, after giving an opportunity to the petitioner to put forth his case on the merits of his representation, within a period of twelve weeks from the date of receipt of a copy of this order.

3.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) TM To 1.The Secretary to Government Department of Revenue, Fort St. George, Beach Road, Chennai - 600 009.

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2.The Commissioner of Prohibitiion and Excise, 2nd Floor, Elilagam, Chepauk, Chennai - 600 005.

3.The District Revenue Officer, Tuticorin Collectorate, Korampallam, Tuticorin.

4.The Assistant Commissioner Excise, Tuticorin Collectorate, Korampallam, Tuticorin.

5.Divisional Excise Officer, Revenue Department, Taluk Office Compound, Kovilpatti.

+1 CC to SPL.GP ( SR-7065[F] dated 19/02/2020 ) +1 CC to MR.A.S.MUJIBUR RAHMAN, Advocate ( SR-7017[F] dated 19/02/2020 ) 18.02.2020 KM/(26.02.2020) 3P 8C 3/3