Madras High CourtWP(MD)/26983/2022disposed of

Russel Raj Kamali v. The Additional Chief Secretary

2025-03-28Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/03/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.26983 of 2022 Russel Raj Kamali ... Petitioner Vs

1. The Additional Chief Secretary, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai.

2. The Commissioner, Prohibition and Excise Department, Chepauk, Chennai-600 009.

3. The District Collector, Nagarcoil, Kanyakumari District.

4. The Superintendent of Police, Nagarcoil, Kanyakumari District.

5. The Deputy Superintendent Of Police, Kulachal, Kanyakumari District.

6. The Inspector of Police, Nithiraivilai Police Station, Kanyakumari District.

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7.The President Volga Recreation Club 23/203B Paanandhoppu Nithiravilai Killiyur Taluk Kollancode Kanyakumari District ... Respondents (7th respondent impleaded vide order dated 28.03.2025 in WMP(MD) No.424/2023) PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the respondents not to grant a FL 2 license to start and run a FL 2 bar at the Volga Recreation Club, which was located at door no. 23/203B Paanandhoppu by considering the petitioner's representation dated 25.11.2022 within a time stipulated by this Court. (Prayer amended vide order dated 28.03.2025 in WMP(MD) No. 425/2023) For Petitioner : Mr.K.P.Sankarakumarakuruparan For Respondents : Mr.P.Thilak Kumar Government Pleader for R1 to R3 Mr.A.Albert James for R4 to R6 Government Advocate (Crl.side)

ORDER

(Order of the Court was made by J.NISHA BANU, J.) The writ petition has been filed directing the respondents not to grant a FL 2 license to start and run a FL 2 bar at the Volga Recreation 2/5

Club, which is located at door no. 23/203B Paanandhoppu by considering the petitioner's representation dated 25.11.2022 within a time stipulated by this Court.

2. It is the case of the petitioner that the petitioner's village is aggrieved by the opening of the 7th respondent club by granting FL2 license in the aforesaid address. Since the same would cause great hardship to the general public, the petitioner has sent a representation to the respondents on 25.11.2022. Till date, the said representation has not been considered so far. Therefore, the petitioner is before this Court with this writ petition.

3. We have heard the learned counsel for the petitioner, learned Government Advocate (Crl.side) and the learned Government Pleader for the respondents.

4. Considering the facts and circumstances of the case and without going into the merits of the matter, the respondents 2 and 3 are directed to consider the representation of the petitioner dated 25.11.2022, by 3/5

giving due opportunity to the petitioner as well as the 7th respondent and other interested persons, if any, and pass suitable orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No costs.

[J.N.B.,J] [S.S.Y.,J] 28.03.2025 NCC : Yes/No Index : Yes/No RR To

1. The Additional Chief Secretary, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai.

2. The Commissioner, Prohibition and Excise Department, Chepauk, Chennai-600 009.

3. The District Collector, Nagarcoil, Kanyakumari District.

4. The Superintendent of Police, Nagarcoil, Kanyakumari District.

5. The Deputy Superintendent Of Police, Kulachal, Kanyakumari District.

6. The Inspector of Police, Nithiraivilai Police Station, Kanyakumari District. 4/5

J.NISHA BANU, J AND S.SRIMATHY, J.

ORDER

IN WP(MD) No.26983 of 2022 Date : 28/03/2025 5/5