Madras High Court
S.Sumesh vs ) Golden Sports And Recreation ... on 28 January, 2022
W.A(MD)No.22 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.01.2022
CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.22 of 2022
and
CMP(MD)No.536 of 2022
S.Sumesh ... Appellant
vs.
1) Golden Sports and Recreation Club,
Rep. by its Secretary,
V.Rajarathinam
2) The Commissioner,
Prohibition and Excise,
Ezhilagam, Chepauk,
Chennai-600 005.
3) The District Collector,
Madurai Collectorate,
Madurai.
4) The Superintendent of Police,
Madurai District,
Madurai.
5) The Tamil Nadu State Marketing Corporation (TASMAC),
Rep. By its Managing Director,
CMDA Building Tower II,
Gandhi Irwin Salai, Egmore,
Chennai – 600 008.
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W.A(MD)No.22 of 2022
6) The District Manager (TASMAC),
Madurai South, Madurai District,
Madurai. ... Respondents
Appeal filed under Clause 15 of Letters Patent, against the
order dated 22.09.2021 passed in W.P(MD)No.15791 of 2021.
For Appellant : Mr.S.Manikandan
For R1 : Mr.R.Thiagarajan
For R3 & R4 : Mr.P.Subbaraj
Special Government Pleader
JUDGMENT
(Judgment of the Court was made by
PUSHPA SATHYANARAYANA, J.)
The Writ Appeal is directed against the order dated
22.09.2021 passed in W.P(MD)No.15791 of 2021 by the 6th
respondent therein.
2. The writ petition was filed by the 1st respondent
Recreation Club which had applied for FL2 licence under the Tamil
Nadu Prohibition Act, 1937. It appears that earlier there was a
TASMAC shop that was functioning in the very same premises. Due
to public objections and the frequent accidents happening, the said
TASMAC shop was closed. Earlier also, the very same appellant had
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W.A(MD)No.22 of 2022
given objections for grant of FL2 licence to the 1st respondent
herein. An order was passed by this Court on 25.01.2021 in
W.P(MD)No.1118 of 2021, directing the 1st respondent therein /
Commissioner of Prohibition and Excise(i/c), Chennai, to conclude
the enquiry after receiving the report from the 2nd respondent
therein / the District Collector, Madurai District, in tune with the
letter dated 20.01.2021.
3. Admittedly, the writ petitioner was not a party in the
above proceedings. Based on the opinion sought for by the
Assistant Commissioner(Excise), Madurai, from the learned
Government Pleader to know whether the shop is located within the
prohibited limits, it was found that there was no embargo for grant
of licence to the writ petitioner. However, the writ petitioner had
given a representation to the District Collector for grant of FL2
licence which was refused by rejecting the application on the ground
that these Club is located in the same place where earlier TASMAC
shop was there and which was closed. The said order was
impugned in the writ petition and the Writ Court had passed the
following order:-
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W.A(MD)No.22 of 2022
''13. Accordingly, this writ petition is disposed of,
with the following order:
“the impugned order is quashed and the matter is
remitted back to the second respondent for
reconsideration. While reconsidering the same, the second
respondent shall take into account the report submitted by
the Divisional Engineer, Highways Department, Madurai
dated 19.02.2021, as well as the earlier report submitted
by the second respondent / District Collector dated
09.03.2021 and the second respondent by considering
those proceedings as well as any other inputs received by
him, and after giving an opportunity of personal hearing to
the petitioner, a decision can be taken and final orders
shall be passed within a period of four (4) weeks from the
date of receipt of a copy of this order.''''
4. Aggrieved by the abovesaid order, the appellant has
preferred the above writ appeal.
5. The main objection of the appellant is that the area
where the Club is situate is known for frequent accidents and that
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W.A(MD)No.22 of 2022
there are schools and other public places located nearby. Secondly,
earlier TASMAC Shop No.5581 was closed by the 2 nd respondent
only for the same reason. The Writ Court had only quashed the
impugned order and remitted the matter back to the 2nd respondent
for re-consideration. Despite, the learned Judge had directed the
District Collector, to consider the report of the Divisional Engineer,
Highways Department, Madurai, dated 19.02.2021 and also the
earlier report submitted by the erstwhile Collector dated
09.03.2021.
6. If at all the appellant is aggrieved, he is also permitted
to raise all his objections and make a representation to the District
Collector. If any representation is sent, the 3rd respondent / District
Collector may afford an opportunity of personal hearing to the
appellant also in addition to the opportunity of personal hearing that
was given to the writ petitioner and pass appropriate order.
7. Accordingly, the appellant is directed to raise all his
objections and send it to the 3rd respondent / District Collector,
Madurai District, within a week from the date of receipt of a copy of
this order. After receipt of the said objections, the District Collector
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W.A(MD)No.22 of 2022
may afford an opportunity of personal hearing to the writ petitioner
as well as to the appellant herein and pass orders in the light of the
earlier reports referred to in the order of the learned single Judge.
8. With the above direction, the Writ Appeal is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
[P.S.N., J.] & [S.S.Y., J.]
28.01.2022
Index : Yes / No
bala
To
1) The Commissioner,
Prohibition and Excise,
Ezhilagam, Chepauk,
Chennai-600 005.
2) The District Collector,
Madurai Collectorate,
Madurai.
3) The Superintendent of Police,
Madurai District,
Madurai.
4) The Tamil Nadu State Marketing Corporation (TASMAC),
Rep. By its Managing Director,
CMDA Building Tower II,
Gandhi Irwin Salai, Egmore,
Chennai – 600 008.
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5) The District Manager (TASMAC),
Madurai South, Madurai District,
Madurai.
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W.A(MD)No.22 of 2022
PUSHPA SATHYANARAYANA, J.
and
S.SRIMATHY, J.
bala
JUDGMENT MADE IN
W.A(MD)No.22 of 2022
DATED : 28.01.2022
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