Madras High Court
K.Sivakumar vs The Commissioner on 18 June, 2021
W.P.No.25188 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.25188 of 2017
and
W.M.P.No.26623 of 2017
K.Sivakumar .. Petitioner
Vs.
1.The Commissioner, (I/C)
Prohibition and Excise Department,
Chepauk, Chennai – 600 005.
2.The District Collector,
Cuddalore District, Cuddalore.
3.The Assistant Commissioner (Excise),
Prohibition and Excise Department,
Cuddalore, Cuddalore District.
4.The Senior Regional Manager,
TASMAC, Cuddalore,
Cuddalore District. .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents to extend the benefits
of the communication issued by the 1st respondent in his letter No. P & E 2
(4) / 12740 / 2016, dated 01.09.2017 for reopen the petitioner's bar and
1/4
https://www.mhc.tn.gov.in/judis/
W.P.No.25188 of 2017
permit room situated at S.K.Guest House, Vandigate, Opp : Telephone
Exchange, Cuddalore Main Road, Chidambaram, Cuddalore District
consequently directing the 4th respondent to supply the liquors to the
petitioner's S.K.Guest House.
For Petitioner : Mr.C.Prakasam
For RR 1 to 3 : Mr.V.Nanmaran
For R4 : Mr.K.Sathish Kumar
ORDER
The circular issued by the Commissioner, Prohibition and Excise
Department to all the District Collectors in letter dated 01.09.2017 is under
challenge in the present Writ Petition. The impugned circular was issued
based on the Hon'ble Supreme Court order.
2.The learned counsel for the petitioner states that there are
subsequent developments and clarifications issued and accordingly in
certain areas bar is permitted as per the clarifications. The case of the
petitioner falls under the clarifications and therefore, the petitioner is
entitled for the relief.
https://www.mhc.tn.gov.in/judis/
W.P.No.25188 of 2017
3.This Court is of the considered opinion that the case of the
petitioner requires a factual adjudication before the authorities competent to
ascertain whether the bar is proposed to be run within the area, where
permission is especially granted. Such factual details deserves an
adjudication, which cannot be undertaken in a Writ mandates under Article
226 of the Constitution of the India. Thus, the petitioner is at liberty to
submit a fresh representation stating out all the facts and details along with
the clarifications, Government Orders and judgments and in the event of
receiving any such representation, the respondents are directed to consider
the same and pass orders as expeditiously as possible.
4.With the above direction, this Writ Petition stands disposed of.
However, there shall be no order as to costs. Consequently, the connected
Miscellaneous Petition is closed.
18.06.2021
krk
Index : Yes
Internet : Yes
Speaking Order
https://www.mhc.tn.gov.in/judis/
W.P.No.25188 of 2017
S.M.SUBRAMANIAM, J.
krk
To
1.The Commissioner, (I/C)
Prohibition and Excise Department,
Chepauk, Chennai – 600 005.
2.The District Collector,
Cuddalore District, Cuddalore.
3.The Assistant Commissioner (Excise),
Prohibition and Excise Department,
Cuddalore, Cuddalore District.
4.The Senior Regional Manager,
TASMAC, Cuddalore,
Cuddalore District.
W.P.No.25188 of 2017
18.06.2021
https://www.mhc.tn.gov.in/judis/
