Madras High Court
M/S.Vel'S Restaurant vs The Deputy Commissioner (Excise) on 13 July, 2021
W.P. No.16411 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.07.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
W.P. No.16411 of 2020
M/s.Vel's Restaurant
Represented by its Proprietor
C.Devaki W/o R.Chakravarthy
3/22, Pillayarkuppam,
Kirumambakkam, Puducherry. …Petitioner
Vs
The Deputy Commissioner (Excise)
Government of Puducherry
Puducherry. …Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to
Writ of mandamus to direct the respondent herein to forthwith grant the renewal of
FL-2 Licence No.176/FL-2 granted under Tourism Category for the period 2019-20
pursuant to the order of the Respondent in No.10768/DCE/S2/FL-2/2003 dated
13.03.2020 pursuant to the G.O.No.27 dated 12.02.2020 in respect of the FL-2
Licensed Premises of M/s.Vel's Restaurant, Puducherry under Tourism Category.
1
https://www.mhc.tn.gov.in/judis/
W.P. No.16411 of 2020
For Petitioner : No Appearance
For Respondent : Mr.J.Kumaran
Additional Government Pleader (Puducherry)
*********
ORDER
The petitioner has sought a mandamus directing the respondent/Deputy
Commissioner (Excise) to forthwith renew FL-2 licence No.176/FL-2 granted under
Tourism Category pursuant to the order of the respondent in No.10768/DCE/S2/FL-
2/2003 dated 13.03.2020 pursuant to the G.O.No.27 dated 12.02.2020 in respect of
FL-2 licensed premises of the petitioner under Tourism Category.
2. I have considered a similar issue in W.P.No.14366 of 2020 and passed the
following order today i.e. on 13.07.2021:
The petitioner has sought a quash of order dated 11.09.2020 and a
direction to forbear the respondents to interfere with the shifting of stock of liquor
from the FL2 licenced premises in R.S.No.110/5 of Thavalakuppam Revenue
Village, Moogambigai Nagar to R.S.No.84/2A, Cuddalore Main Road,
Thavalakuppam, being the original premises.
2.When the matter had come up on 28.06.2021, I had passed the
following order:
2. The prayer of the petitioner is for a writ of certiorarified
mandamus to quash an order of the third respondent i.e. Tahsildar,
rejecting the request of the petitioner for shifting of the liquor shop
from FL2, Licensed premises in R.S.No.110/5 of Thavalakuppam
Revenue Village, Moogambigai Nagar to R.S.No.84/2A, Cuddlaore
Main Road, Thavalakuppam, which was the original premises from
where the petitioner was running the liquor shop prior to judgment of
https://www.mhc.tn.gov.in/judis/
W.P. No.16411 of 2020
the Supreme Court in S.L.P.(Civil).Nos.12164 and 12173 of 2016
dated 15.06.2016.
3. In the aforesaid judgment, the Supreme Court had directed
all shops selling liquor/alcohol that were situated within 500 meters
of the outer edge of the National/State highway to be relocated. The
aforesaid order had been clarified thereafter on 11.07.2017 in
S.L.P.(Civil) No.10243 of 2017 and 23.02.2018 in C.A.Nos.12164 and
12166 of 2016, as a consequence of which, the Government of
Puducherry vide Gazette publication in Ms.No.1 dated 12.02.2020,
permitted the license holders to shift back to their original venues
subject to valid representation received from them. The petitioner thus
availed of the relocation benefit and has also paid relocation fee of a
sum of Rs.2,50,000/-. A total of 23 licensees appear to have availed of
this benefit. 21, including the petitioner, have paid license fees and
are awaiting orders for re-shifting. Two licensees have been permitted
to shift back to the place they were originally functioning from.
4. The reason accorded to the rejection of the petitioner's
request is that Gazette Notification dated 12.02.2020 had been passed
without necessary approval from the Lieutenant Governor and as
such till such time valid approval was granted, it could not be acted
upon. The Union Territory has received shifting fees and has been
holding the same since 06.03.2020. There is also an element of
discrimination insofar as two licensees have been given the benefit
based on Gazette Notification dated 12.02.2020, which is now being
sought to be kept in abeyance.
5. Let a decision be taken in this regard within a period of
two weeks from today.'
3.Today a memo is filed by Mr.J.Kumaran, learned Additional
Government Pleader (Pudhucherry) to the effect that the approval has been
granted by the Lieutenant Governor and the request of the petitioner for
shifting of the shop has also been acceded to by order dated 08.07.2021.
4. Recording the aforesaid, as nothing further survives in this writ
petition, the impugned order is set aside. As a consequence, this writ petition is
closed. No costs. Connected miscellaneous petitions are closed.
https://www.mhc.tn.gov.in/judis/
W.P. No.16411 of 2020
DR. ANITA SUMANTH, J.
3. Recording the aforesaid, as nothing further survives in this writ petition,
the same is closed. No costs. Connected miscellaneous petitions are also closed.
13.07.2021
vs
Index: Yes
Speaking order
To
The Deputy Commissioner (Excise)
Government of Puducherry
Puducherry.
W.P. No.16411 of 2020
https://www.mhc.tn.gov.in/judis/
