Madras High Court
Mrs.S.Rajalakshmi vs The Commissioner (Prohibition ... on 17 August, 2022
Judgment dated 17.08.2022
in W.A.No.1818 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.08.2022
Coram:
THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
and
THE HONOURABLE MRS.JUSTICE N.MALA
---
Writ Appeal No.1818 of 2022
and
C.M.P.No.13234 of 2022
---
Mrs.S.Rajalakshmi .. Appellant
Vs.
1. The Commissioner (Prohibition and Excise),
Ezhilagam,
Chepauk, Chennai-600 005.
2. M.Balasubramanian
3. M.Sundaram
4. M.Muthu Selvam
5. M/s.Hotel Blue Star International,
No.108, Wall Tax Road,
Park Town,
Chennai-600 003. .. Respondents
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Judgment dated 17.08.2022
in W.A.No.1818 of 2022
Writ Appeal under Clause 15 of the Letters Patent against the order dated
07.01.2022 passed by the learned Single Judge, in Writ Petition No.9931 of 2021
on the file of this Court.
For appellant : Mr.R.Thiagarajan
For respondents : Mr.P.Muthukumar, State Govt. Pleader,
assisted by Mr.Alagu Gowtham, Govt. Advocate for R-1
JUDGMENT
(Judgment of the Court was delivered by The Honourable Chief Justice)
The Writ Appeal has been filed challenging the order dated 07.01.2022
passed in the Writ Petition challenging the order dated 24.02.2020 passed by the
first respondent and seeking a direction to the first respondent to withdraw the
FL-3 Licence granted to respondents 2 to 4 and also to suspend the supplies of
Indian Made Foreign Liquor (IMFL) forthwith.
2. It is a case where a licence for FL-3 liquor was granted in the name of a
firm, in which the writ appellant's father was the Managing Partner. After death
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Judgment dated 17.08.2022
in W.A.No.1818 of 2022
of her father, there was renewal of licence and it was granted in the name of
the firm. Challenge to the aforesaid order was made, but could not be sustained,
after making a distinction between the dispute on property rights and renewal of
liquor licence.
3. The learned counsel for the appellant submits that it may affect the
pending suit between the parties in regard to the properties, and therefore, the
Writ Appeal has been filed, and, if it is clarified that any observation or finding
recorded by the learned Single Judge, would not affect the pending suit between
the parties, the appellant would be satisfied and with the clarification aforesaid,
the appeal may be disposed of.
4. We have considered the submissions and find that the issue involved in
the Writ Petition is altogether different and only in regard to the licence for FL-3
(liquor licence), which was existing in the name of the firm and is being
continued, it would have no effect in regard to the rights claimed by the parties
in the suit, rather, the parties herein would be at liberty to pursue their cause on
the facts and the legal position applicable therein.
5. Accordingly, it is clarified that the findings recorded in the order passed
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Judgment dated 17.08.2022
in W.A.No.1818 of 2022
by the learned Single Judge in the Writ Petition are only in reference to the right
of renewal of liquor licence FL-3 and not for any other issue. Therefore, the
parties in the suit would pursue their cause in reference to the legal and factual
position in the pending suit.
6. With the aforesaid observations/direction, the Writ Appeal is disposed
of, without causing interference in the order passed by the learned Single Judge.
There shall be no order as to costs. Consequently, the Miscellaneous Petition is
closed.
(M.N.B., C J) (N.M.J)
17.08.2022
Index: Yes/no
Speaking Order: Yes/no
cs
To
The Commissioner (Prohibition and Excise),
Ezhilagam,
Chepauk, Chennai-600 005.
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Judgment dated 17.08.2022
in W.A.No.1818 of 2022
THE HONOURABLE CHIEF JUSTICE
and
N.MALA, J
cs
Writ Appeal No.1818 of 2022
17.08.2022
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