Sureshkumar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.20569 & 20570 of 2025 Sureshkumar ... Petitioner Vs.

1.The Commissioner, Prohibition and Excise Department, Chepauk, Chennai.

2.The District Collector, Office of the District Collector, Sivagangai.

3.The Assistant Commissioner, Prohibition and Excise Department, Sivagangai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records in relating to the impugned order in Na.Ka.D3/12466/2022 1/4

dated 12.12.2024 passed by the second respondent and quash the same as illegal and consequently direct the respondents to grant and issue an FL-2 licence to the petitioner's registered society, Apple Manimahal Mandram, situated at Door No.541/4, VOC Nagar, Kalanivasal, Karaikudi, Sivagangai District.

For Petitioner : Mr.M.Karthikeyavenketachalapathy for Mr.R.Mohamed Riyaz For Respondents : Mr.B.Ramanathan Additional Government Pleader

ORDER

Heard both sides.

2.The petitioner seeks issuance of FL-2 license for the petition mentioned society. The first respondent is the authority competent to issue the same. The second respondent had not recommended the writ petitioner's application. The same is put to challenge in this writ petition. The impugned communication is not amenable to judicial review. The first respondent who has to take a final call in the matter. 2/4

3.The learned Additional Government Pleader for the respondents states that the first respondent will pass final order on the writ petitioner's application within a period of six weeks from the date of receipt of a copy of this order. The petitioner is given liberty to submit an additional representation clarifying the doubts raised in the impugned communication before the first respondent. This shall be done by the petitioner within a period of two weeks from the date of receipt of a copy of this order. The first respondent will also take into account the writ petitioner's clarification as set out in the additional representation while passing final order.

4.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 26.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The Commissioner, Prohibition and Excise Department, Chepauk, Chennai.

2.The District Collector, Office of the District Collector, Sivagangai.

3.The Assistant Commissioner, Prohibition and Excise Department, Sivagangai.

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