P.Sankar v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN P.Sankar ... Petitioner /Vs./

1. The Commissioner, Prohibition and Excise Department, Chepauk, Chennai - 600005.

2. The District Collector, The Collectorate, Virudhunagar,

3. The Managing Director, Tasmac, No. 8, Cmda Tower 4th Floor, Gandhi Irvin Road, Egmore, Chennai - 600008.

4. The Assistant Commissioner, Prohibition and Excise Department, Collectorate, Virudhunagar,

5. The Superintendent of Police, Virudhunagar, 1/6

6. The District Manager, Office of the District Manager, Tasmac, Virudhunagar,

7. The Inspector of Police, Srivilliputhur Town Police Station,

8. The Secretary, Tvl Power Recreation Club, Door No.1A/2A3, Srivilliputhur, Madurai Road, ... Respondents PRAYER:- Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 1st respondent herein to grant FL2 licence to the 8th respondent club running in the name of Tvl Power Recreation Club in Door No.1A/2A3, Srivilliputhur, Madurai Road, Virudhunagar District based on the representation of the petitioner dated 06.10.2025.

For Petitioner : Mr.P.Baburaj for Mr.M.Jerin Mathew For Respondents : Mr.P.Thilakkumar (R1, R2 & R4) Government Pleader Mr.M.Karunanithi (R5 & R7) Government Advocate Mr.N.Vignesh (R3 & R6) for Mr.H.Arumugam 2/6

ORDER

(Order of the Court was made by DR.ANITA SUMANTH, J.) The petitioner apprehends grant of FL.2 licence to Tvl Power Recreation Club at Srivilliputtur / R8 and hence, approached this Court vide a mandamus, forbearing the Commissioner of Prohibition and Excise Department / R1 from issuing any such licence.

2. Mr.P.Thilakkumar, learned Government Pleader accepts notice for R1, R2 & R4, Mr.M.Karunanithi, learned Government Advocate accepts notice for R5 & R7, and Mr.N.Vignesh, learned counsel for Mr.H.Arumugam accepts notice for R3 & R6.

3. The learned counsel for the respondents confirm that as on date, no such licence has been issued to R8.

4. The objection of the petitioner appears to be that the location of the club is proximate to temples, hospitals, and other areas of public utility.

5. No notice is issued to R8 at this juncture, in light of the order passed below.

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6. Having heard the submissions of all learned counsel, we are of the considered view that this writ petition is premature. Undoubtedly the apprehensions of the petitioner may turn out to be legitimate.

7. The Tamil Nadu Liquor (Licence and Permit) Rules, 1981, ('Rules'), under which FL.2 licence is issued, provides for calling of objections from the public prior to the issuance of a licence, if at all. Hence, and at that stage, it is open to the petitioner and any others who are aggrieved by the proposal, to make their objections, which, we have no doubt, will be considered in proper perspective and in line with the Rules.

8. This writ petition is closed as premature. No costs. [A.S.M.J.,] & [C.K.J.,] 06.11.2025 NCC :Yes/No Index :Yes/No Internet :Yes sm 4/6

TO:-

1. The Commissioner, Prohibition and Excise Department, Chepauk, Chennai - 600005.

2. The District Collector, The Collectorate, Virudhunagar,

3. The Assistant Commissioner, Prohibition and Excise Department, Collectorate, Virudhunagar,

4. The Superintendent of Police, Virudhunagar,

5. The Inspector of Police, Srivilliputhur Town Police Station, 5/6

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

sm Order made in Dated:

06.11.2025 6/6