Madras High Court
N.Vanjimuthu vs The Commissioner Of Prohibition & ... on 20 October, 2021
W.P.(MD)No.18514 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.10.2021
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.18514 of 2021
and
W.M.P.(MD)Nos.15287 and 15288 of 2021
N.Vanjimuthu ... Petitioner
Vs.
1.The Commissioner of Prohibition & Excise,
Ezhilagam Main Road,
Chepauk,
Chennai-600 005.
2.The District Collector,
Dindigul district.
3.The Assistant Commissioner,
Prohibition & Excise Deparment,
Dindigul,
Dindigul District.
4.R.Rajangam ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records relating
to the impugned order of the 1st respondent herein in
Moo.Mu.No.Ma(Ma)AA 2(1)/5147/2015, dated 04.09.2021, granting
renewal of FL.3 licence to the 4th respondent quash the same and
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W.P.(MD)No.18514 of 2021
consequently forbearing the respondents 1 to 3 herein from allowing the
4th respondent from running the Bar premises with FL.3 licence meant for
Star Hotel without fulfilling definitions and procedures under the Rules,
online application and online process of computer generating renewal
procedure.
For Petitioner : Mr.K.Sugumaran
For R1-R3 : Mr.D.Ghandiraj
Government Advocate
ORDER
The prayer sought for herein is for a Writ of Certiorarified
Mandamus, calling for the records relating to the impugned order of the
1st respondent herein in Moo.Mu.No.Ma(Ma)AA 2(1)/5147/2015, dated
04.09.2021, granting renewal of FL.3 licence to the 4th respondent quash
the same and consequently forbearing the respondents 1 to 3 herein from
allowing the 4th respondent from running the Bar premises with FL.3
licence meant for Star Hotel without fulfilling definitions and procedures
under the Rules, online application and online process of computer
generating renewal procedure.
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W.P.(MD)No.18514 of 2021
2.The petitioner claims that he is a Managing Director of a
Company called M/s.Gowri Tourist Home Private Limited, where he is
running a Tourist Home, wherein a portion has been leased out to the
fourth respondent to run the Bar with FL.3 licence.
3.According to the petitioner, the licence was over by the year
2007, as the lease has come to an end between the management of the
Tourist Home and the fourth respondent. However, unmindful of the
same, according to the petitioner, the fourth respondent continued to run
the Bar for several years and in this regard, the petitioner claimed that the
Rent Control Original Petition in RCOP No.14 of 2016 had been filed
before the District Munsif (Rent Controller), Dindigul, and also a Civil
Suit in O.S.No.205 of 2015 had been filed before the Principal District
Munsif Court, Dindigul and when these litigations were pending, the
fourth respondent does not have any right to claim renewal of FL.3
Licence for the Bar to be conducted at the premises of the petitioner's
company i.e., the Tourist Home.
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W.P.(MD)No.18514 of 2021
4.In this context, it is to be noted that, in order to get the FL.3
licence, an application seems to have been already filed by the fourth
respondent and he had also filed a writ petition before this Court in
W.P.(MD)No.20920 of 2017, where the final order was passed by the
Writ Court dated 16.03.2021, where observations have been made and
directions have been given to the licensing authority to consider the
application submitted by the fourth respondent herein, who was the writ
petitioner therein as renewal application for FL.3 licence, for which, a
fresh application for the year 2020-21 can be filed by the fourth
respondent herein and if any such application is filed, that the same can
be decided on merits.
5.Felt aggrieved over the said Order dated 16.03.2021, the present
writ petitioner filed an Intra-Court Appeal in W.A.(MD)No.914 of 2021,
where the Division Bench of this Court, by Judgment dated 30.04.2021,
by giving reasons, set aside the directions and observations given by the
Writ Court and ultimately, they have taken note of the fact that pursuant
to the Writ Court Order dated 16.03.2021, a fresh application has been
filed by the fourth respondent herein and accordingly, the Division
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W.P.(MD)No.18514 of 2021
Bench, at Para 15 of the Judgment referred to above has made an
observation that a fresh representation shall be submitted by the fourth
respondent along with the copy of the judgment of the Division Bench
dated 30.04.2021, based on which, a fresh decision can be taken by the
licensing authority.
6.Pursuant to the order and Judgment passed by the Writ Court as
well as the Writ Appellate Court, the licensing authority, by the
impugned order dated 04.09.2021, has renewed FL.3 licence to and in
favour of the fourth respondent, either upto 31.03.2022 or till a decision
is made by the Rent Controller Court or Civil Court in the above referred
R.C.O.P.No.14 of 2016 or the civil suit, whichever is earlier. Felt
aggrieved over the said order, the present Writ Petition has been filed
with the aforesaid prayer.
7.Mr.K.Sugumaran, learned counsel for the petitioner has pointed
out that though certain directions were given by the Writ Court, by order
dated 16.03.2021 in the Writ Petition filed by the fourth respondent, all
those directions and observations made by the Writ Court have been set
aside by the Division Bench in its Judgment dated 30.04.2021 and
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W.P.(MD)No.18514 of 2021
therefore, the authority if at all wants to consider the application
submitted in this regard by the fourth respondent, that should have been
considered strictly in accordance with the observations made by the
Division Bench.
8.In this context, the learned counsel for the petitioner further
submits that, in the Judgment of the Division Bench dated 30.04.2021, it
has been strongly observed that the Writ Court ought not to have given
any opinion about the nature of the application submitted by the fourth
respondent, as the said application cannot be treated as renewal
application and the said issue should have been left open to the authority
concerned to decide as to whether the application can be treated as fresh
application or application for renewal. Therefore, by giving these
reasons, the entire directions given by the Writ Court having been set
aside by the Division Bench, further observation has been made that the
licensing authority should decide such application if any to be made in
this regard by the fourth respondent strictly in accordance with such
observations and the licensing authority ought to have decided the
application if any submitted, only in accordance with such directions and
observations made by the Division Bench in its Judgment dated
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W.P.(MD)No.18514 of 2021
30.04.2021. However, contrary to the same, the present order has been
passed, which is impugned herein, he contended.
9.In this context, he was very particular about that pursuant to the
Division Bench Judgment, no fresh representation as directed by the
Division Bench has been made by the fourth respondent. When that
being so, the entire order dated 04.09.2021, which is impugned herein, is
vitiated, therefore, on the limited point, the learned counsel appearing for
the petitioner seeks indulgence of this Court to set aside the impugned
order.
10.I have heard the learned Government Advocate appearing for
the official respondents and he made submissions to sustain the order,
which is impugned, on the ground that the impugned order has been
passed by taking into account the observations and directions given by
the Division Bench in its Judgment referred to above in strict terms.
11.In view of the decision, that is going to be taken at the
admission stage, notice to the fourth respondent is hereby dispensed
with.
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W.P.(MD)No.18514 of 2021
12.I have heard the rival submissions made by both parties and
have perused the materials placed before this Court.
13.In the impugned order at reference column, after the Division
Bench Judgment dated 30.04.2021, it is referred that the fourth
respondent had appeared before the licensing authority on 09.06.2021
and has given written statement, that has been recorded by the licensing
authority. Thereafter, the present writ petitioner has given representation
dated 20.05.2021, which was received by the licensing authority on
15.06.2021.
14.After having receipt of the representation, by way of statement
personally made by the fourth respondent before the licensing authority
as well as the counter representation given by the writ petitioner herein,
the licensing authority having considered the issue in detail, passed the
order, wherein the Rent Control Original Petition as well as the Civil
Suit, which were filed and pending between parties, had been taken note
and accordingly, this is not only for the limited period, but either upto
31.03.2022 or till a decision is made by the Rent Controller Court or
Civil Court in the above referred R.C.O.P.No.14 of 2016 or the civil suit,
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W.P.(MD)No.18514 of 2021
whichever is earlier. The licence was renewed.
15.Therefore, the said order, in the considered opinion of this
Court, after having gone through the observations made by the Division
Bench Judgment referred to above, is not in violation of the directions or
observations made by the Division Bench of this Court as projected by
the learned counsel appearing for the petitioner. Therefore, the
impugned order cannot be interfered with.
16.Moreover, the licence has been renewed only, till 31.03.2022,
or till the decision is taken by the Rent Controller Court or Civil Court.
That means if any decision has come in favour of the petitioner and
against the fourth respondent either from the Rent Controller Court or
from the Civil Court, that will prevail over the date 31.03.2022 and on
that date, automatically the licence would come to an end. Therefore, it is
only a limited relief that has been given by the licensing authority by
extending the licence to the fourth respondent and therefore, the said
order does not warrant interference from this Court.
17.Hence, the Writ Petition fails, accordingly, it is liable to
dismissed. At the same time, this Court also feels that, while setting aside
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W.P.(MD)No.18514 of 2021
the entire directions given by the Writ Court dated 16.03.2021, by the
Division Bench Judgment dated 30.04.2021, the directions given by the
Writ Court to the Rent Controller Court to decide R.C.O.P.No.14 of 2016
within the time frame since also having been set aside, that will run
contra to the interest of both the parties. Therefore, this Court, in the
interest of justice, is of the view that, a direction can be given to the Rent
Controller Court ie., District Munsif, Dindigul, to dispose R.C.O.P.No.14
of 2016, at the earliest, preferably, within a period of six months from the
date of receipt of a copy of this order and it is needless to mention that
depending upon the decision to be made by the Rent Controller Court,
the licence which has been renewed to and in favour of the fourth
respondent through the impugned order would be worked out.
18.With these observations, this Writ Petition is disposed of.
However, there shall be no costs. Consequently, connected
Miscellaneous Petitions are closed.
20.10.2021
gbg/sm
Index : Yes/No
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W.P.(MD)No.18514 of 2021
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Commissioner of Prohibition & Excise,
Ezhilagam Main Road,
Chepauk,
Chennai-600 005.
2.The District Collector,
Dindigul district.
3.The Assistant Commissioner,
Prohibition & Excise Deparment,
Dindigul,
Dindigul District.
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W.P.(MD)No.18514 of 2021
R.SURESH KUMAR ,J.
gbg/sm
Order made in
W.P.(MD)No.18514 of 2021
Dated:
20.10.2021
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