Madras High Court
R.Arumugam vs The Excise Commissioner on 20 October, 2022
W.A.No.1597 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2022
CORAM
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE C.SARAVANAN
W.A.No.1597 of 2022
and
C.M.P.No.17547 of 2017
R.Arumugam ...Appellant
Versus
1. The Excise Commissioner,
Department of Excise,
Government of Puducherry,
Puducherry.
2. The Deputy Commissioner (Excise)
Office of the Deputy Commissioner (Excise),
Government of Puducherry,
Karaikal.
3. Sri Sithi Kaliyamman Alayam,
Rep. by its Joint Secretary,
R.Murugavel,
No.1, Usman Colony,
Thirunallar Main Road,
Patchoore, Karaikal. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent Act against the
order of the learned single Judge of this Court in W.P.No.20715 of 2011.
1/6
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W.A.No.1597 of 2017
For Appellant : Mr.T.Sai Bharath
For Respondents : Mr.V.Balamurugane,
Govt.Pleader (Pondicherry) for R1 and R2
Mr.R.Natarajan for R3
JUDGMENT
The present appeal has been filed challenging the order of the learned
single Judge dated 06.11.2017 made in W.P.No.20715 of 2011.
2. The brief facts of the case is that a Bar has been put up in a
prohibited area and the learned Single Judge has permitted the
appellant/petitioner to relocate the liquor shop to a different location, failing
which, the 2nd respondent shall suspend the license of the
appellant/petitioner.
3. During the pendency of the appeal, the appellant has shifted the
bar which appears to just opposite to the temple prohibited place. The
respondents therefore have taken action and did not permit the appellant to
open the shop. A show cause notice dated 25.04.2022 has been issued by
the 2nd respondent, wherein, the appellant has been directed to show cause
for his action along with reasons for not informing the office of the Deputy
Commissioner Excise, Karaikal, about the direction of this Court given in
the open court. The show cause notice further states that appropriate action
will be taken if proper reply is not received.
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W.A.No.1597 of 2017
4. For the sake of convenience, the show cause notice dated
25.04.2022 is extracted hereunder.
GOVERNMENT OF PUDUCHERRY
OFFICE OF THE DEPUTY COMMISSIONER (EXCISE)
No.7432/DCE/C2/202202023 Karaikal.dt.25.04.2022
--------------------------------------------------------------------------------------------
MEMORANDUM
Sub: DC(E)-KKL-WANo.1597 of 2017 - Shifting of FL-2 Licensed
Premises of M/s. Breeze Bar, Karaikal-Report-Submitted-Reg.
Ref: Hon'ble Madras High Court order's dt.24/02/2022 in
W.A.No.1597 of 2017
In compliance with the direction dt.24.02.2022 of the Hon'ble High Court of
Madras in W.A.No.1597 of 2017 that, "Such being the factual scenario, this
court, without going into the merits of the case, directs the authority concerned
to consider those pending applications, on merits and in accordance with law of
course, after providing due opportunity of hearing to all the parties including the
temple authorities. Such an exercise shall be completed within a period of four
weeks and a compliance report be filed before this Court", a detailed enquiry
was conducted, opportunity of hearing afforded to all parties, and subsequently,
after obtaining approval of the Excise Department, permission of the Excise
Department was conveyed to shift the License from Ward.E, Block:1,
T.S.No.6/1, Thirunallar Road, Karaikal to Ward.E. Block:1, T.S.No.6/1/4/2,
R.S.No.6/1 pt of 27 Dharmapuram Revenue Village, Karaikal.
In this connection, the office of the Government Pleader, Government of
Puducherry informed (through phone call at 1 PM on 25.04.2022), that personal
appearance of the undersigned on 28.04.2022 has been directed by the Hon'ble
High Court of Madras. It was informed by the Pleader that in the previous
hearing on 21.04.2022, the Hon'ble Judge had made some observations on the
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W.A.No.1597 of 2017
shifting permission following which your Counsel had submitted before the
Hon'ble Court that the shop would be closed by the licensee himself on the same
day, i.e., on 21.04.2022. However, you have neither closed the shop, nor have
you communicated to the undersigned the directions given to you by the Hon'ble
Court, thereby causing embarrassment to the Government.
You are hereby directed to show cause for your actions, along with
reasons for not informing the Office of the Deputy Commissioner Excise,
Karaikal, about the directions given in Open Court by the Hon'ble Court.
Appropriate legal action will be initiated under the excise Act & Rules if
satisfactory reply is not received. Your reply shall reach this office by 12 Noon
of 26.04.2022.
sd/-
(M.ADHARSH)
DEPTY COMMISSIONER (EXCISE)
KARAIKAL
To
M/s.Breeze Bar, Karaikal.
Copy to:
1. Government Pleader-For kind information.
2. Excise Officer- with instructions to immediately seal the shop
until the matter is decided by the Hon'ble High Court of Madras.
Compliance is to be reported by 5 pm., 25.04.2022.
5. The appellant has also filed a reply to the show cause notice on
26.04.2022. Since the appellant has already shifted the shop, the present
writ appeal has become infructuous. If the alternate place of the shop is also
in a prohibited area, it is open to the authorities to take action against the
appellant and prevent the appellant from running the shop and also
withdraw the license granted. There is also no final determination arrived, in
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W.A.No.1597 of 2017
terms of the memorandum dated 25.04.2022.
6. We do not therefore want to make any observation on the merits
of the case as the order of the learned single Judge has already worked out
the remedy and the writ appeal has become infructuous. We make it very
clear that the respondents shall pass orders on the reply given by the
appellant to the show cause notice on merits and in accordance with law.
The appellant, cannot as a matter of right, insist that the shop should be
opened if it is in the prohibited area or at a prohibited distance.
7. Considering the fact that the appellant was already been granted
license and was subsequently asked to close the shop, we direct the
respondents to pass appropriate orders to the reply given of the appellant
dated 26.04.2022 within a period of 15 days from the date of receipt of a
copy of this order. In case, the appellant is still aggrieved by such order to
be passed, it is open to the appellant to work out his remedy in the manner
known to law.
8. The Writ Appeal is disposed of in the above terms. No costs.
Consequently, connected miscellaneous petition is closed.
(S.V.N., J.) (C.S.N., J.)
20.10.2022
Internet : Yes
https://www.mhc.tn.gov.in/judis
W.A.No.1597 of 2017
Index : Yes / No
vsi
S.VAIDYANATHAN,J.
AND
C.SARAVANAN,J.
vsi
W.P.No.1597 of 2017
and
C.M.P.No.17547 of 2022
20.10.2022
https://www.mhc.tn.gov.in/judis
