Jeyajothi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD) No.25562 of 2024 Jeyajothi .. Petitioner Vs.

1.The District Collector, 2.The Superintendent of Police, 3.The Assistant Commissioner, Prohibition and Excise, Collectorate, Madurai.

4.The Superintending Engineer, TANGEDCO, K.Pudur, Madurai-625 007.

5.The Executive Engineer, TANGEDCO, Thirumangalam Division, 6.The Inspector of Police, Austinpatti Polist Station,

7.The Assistant Engineer, TANGEDCO, Thirunagar, Thirupparankundram, Madurai.

8.V.S.Jeyamurugan @ V.S.Murugan 9.M/s.Imperial Recreation Club, Rep., by its President, K.Pounraj, No.5/290, Santhanamariamman Kovil Street, Elumalai, Peraiyur Taluk, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, forbearing the respondent No. 3 from granting FL2 license in favour of the 9th respondent in respect of the property bearing Joint Patta No. 225 comprised in Sur.No. 70/6, situated at 8 Nilaiyur Bit I Revenue Village, Thirupparankundram Taluk, Madurai District by considering the representation dated 28.10.2024. For Petitioner :

Mr.C.Senthil Murugan For RR1 & 3 :

Mr.J.K.Jayaselan Government Advocate For RR2 & 6 :

Ms.M.Aasha Government Advocate (Crl. Side) For RR4, 5 & 7 :

Mr.S.Deenadhayalan Standing Counsel

For R8 :

Mr.C.Mayilvahana Rajendran For R9 :

Mr.R.Sethuraman

ORDER

This writ petition has been filed forbearing the third respondent from granting FL.2 license in favour of the ninth respondent in respect of the property bearing Joint Patta No.225, comprised in S.No.70/6, situated at 8 Nilaiyur Bit-I Revenue Village, Thirupparankundram Taluk, Madurai District by considering the petitioner's representation dated 28.10.2024.

2. Even if a direction is given by this Court to the third respondent to consider the representation of the petitioner dated 28.10.2024, the third respondent, against whom a mandamus is sought for, is not the appropriate authority for grant of FL.2 licence as per the provisions of the Tamil Nadu Liquor (Licence and Permit) Rules, 1981. As per the said Rules, it is only the Commissioner of Prohibition and Excise at Chennai, who is the appropriate authority for grant of licence. Hence, the mandamus, as sought for by the petitioner in the present writ petition,

cannot be granted and on that ground alone, this Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

08.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, 2.The Superintendent of Police, 3.The Assistant Commissioner, Prohibition and Excise, Collectorate, Madurai.

4.The Superintending Engineer, TANGEDCO, K.Pudur, Madurai-625 007.

5.The Executive Engineer, TANGEDCO, Thirumangalam Division,

6.The Inspector of Police, Austinpatti Polist Station, 7.The Assistant Engineer, TANGEDCO, Thirunagar, Thirupparankundram, Madurai.

K.KUMARESH BABU, J.

abr Dated: 08.01.2025