Madras High CourtWP(MD)/31103/2024disposed of

P.Radhakrishnan v. The Commissioner Of Prohibition And Excise

2025-03-25Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 25/03/2025

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY WP(MD). No.31103 of 2024 and WMP(MD) Nos.26101 and 26103 of 2024 P.Radhakrishnan ... Petitioner Vs

1. The Commissioner of Prohibition and Excise, Office of the Commissioner of Prohibition and Excise, Chepauk, Chennai - 600 005..

2. The Assistant Commissioner of Prohibition and Excise, Office of the Assistant Commissioner of Central Excise, Office of the Collectorate, Ramanathapuram..

3. The District Manager, Tamilnadu State Marketing Corporation (Tasmac) Ramanathapuram..

4. The District Collector,, Office of the Collectorate, Ramanathapuram.

5. The Sub Collector,, Office of the Sub Collector, Paramakudi, Ramanathapuram District..

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6. The Thasildar, Taluk Office, Paramakudi, Ramanathapuram District..

7. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram..

8. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Paramakudi..

9. The Inspector of Police, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District..

10. The Secretary,, Sevuga Recreation Club, Door No. 2/386 B and C, Gandhiji Road, Paramakudi, Ramanathapuram District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus forbearing the respondents 1 to 3 herein to grant any FL2 License to the 10th respondent at Door No. 2/386-B, 2/386-C, Gandhiji Road, Paramakudi, Ramanathapuram District in the name of SEVUGA SPORTS and RECREATION CLUB on the basis of the representation dated 02.12.2024.

For Petitioner : Mr.D.Senthil 2/7

For Respondents : Mr.P.Thilak Kumar for R1&R2,R4 to R6 Government Pleader Mr.E.Antony Sahaya Prabakar Additional Public Prosecutor for R7toR9 Mr.S.Sivanesan for R3

ORDER

(Order of the Court was made by J.NISHA BANU, J.) By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2. The writ petition has been filed for a direction forbearing the respondents 1 to 3 herein to grant any FL2 License to the 10th respondent at Door No. 2/386-B, 2/386-C, Gandhiji Road, Paramakudi, Ramanathapuram District in the name of SEVUGA SPORTS and RECREATION CLUB on the basis of the petitioner's representation dated 02.12.2024.

3. It is the case of the petitioner that the 10th respondent recreation club is running in the aforesaid address, which is situated near to School, Hospital, Bus Stop, Play School, Taluk Office within the prohibited 3/7

distance. It is the grievance of the petitioner that if FL2 license is granted to the said club, the school going children will get affected and it cause great hardships to general public. Hence, the petitioner has given representation to the respondents 02.12.2024 Since the said representation was not considered so far, the petitioner is before this Court with this writ petition.

4. We have heard the learned counsel for the petitioner, the learned Government Pleader and the learned Additional Public Prosecutor for the official respondents.

5. Considering the facts and circumstances of the case and without going into the merits or the contentions of the petitioner, the 1st respondent is directed to consider the representation of the petitioner dated 02.12.2024 by giving due opportunity to the petitioner as well as others 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. To substantiate the case of the petitioner, the petitioner is directed to produce a copy of the representation along with all the documents. 4/7

6. With the above direction, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. [J.N.B.,J] [S.S.Y.,J] 25.03.2025 NCC : Yes/No Index : Yes/No RR 5/7