P.V.Regunathan Vs. the Commissioner

P.V.Regunathan vs The Commissioner

Type Court Judgment Court Chennai Decided Feb 21, 2012

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Citation: sooperkanoon.com/926497
Court: Chennai High Court
Judge: V.Dhanapalan, J.
Decided On: Feb 21, 2012
Case Number: Writ Petition (MD).No.11226 of 2011
Subject: Constitution

Case Summary

AI-generated summary - not the official court judgment text.

Constitution

Key legal issue: Constitution
Acts & sections: Constitution of India - Articles 226; Tamil Nadu Regulation (Licence and permit) Rules 1981

Parties & Advocates

Appellant / Petitioner

P.V.Regunathan

Advocate Mr.A.Sivaji, Adv.

Respondent

The Commissioner

Advocate Mr.D.Muruganandham, Adv.

Legal References

Acts: Constitution of India - Articles 226; Tamil Nadu Regulation (Licence and permit) Rules 1981

Excerpt

.....instructions, from the respondents, dated 15.12.2011, proceedings in na.ka.no.51845/09/p-1 would submit that the second and third respondents have inspected the premises in respect of the requirements of the petitioner for an increased limit of 700 units to 1200 units and also other relevant particulars and informed to the first respondent and the same is pending consideration. therefore, they are awaiting the decision from the first respondent. he has also informed that the concerned commissioner is on election duty at uttarpradesh. therefore, a reasonable time limit may be given to the first respondent to consider the petitioner's claim based on the inspection report of the third respondent.5. in the light of the above, considering the circumstances as the petitioner has made a claim for enhancement of the unit from 700 to 1200 units based on his fl3 license, it is for the respondents to consider the same based on the petitioner's representation, dated 29.09.2009, in the light of the relevant provisions of the rules and fl3 license and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. the writ petition is disposed of accordingly. no costs.

Full Judgment

Prayer

Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus to direct the first respondent to grant 1200 units of liquor for the petitioner, pursuant to petitioner's representation dated 29.09.2009.

ORDER

1. By consent of both sides, the writ petition is taken up for final disposal. Heard Mr.A.Sivaji, counsel for the petitioner and Mr.D.Muruganantham, Additional Government Pleader, for the respondents.

2. In this petition, a direction has been sought for by the petitioner to direct the respondents to grant 1200 units of liquor for the petitioner by considering his representation, dated 29.09.2009. It is his claim that he is the proprietor of Hotel Sri Rajendra New Lodge, at Door No.1.3.75-A, J.R.R.Nagar, Vaigai Dam Road, Thenkarai, with FL3 license and he is running the same from 12.10.2004. For running a bar in the said premises, initially the first respondent allowed 350 units of liquor. On account of heavy demand, a further request was made by the petitioner by increasing the units and based on which, the first respondent allowed 700 units with effect from 31.07.2008. Even after that also, the petitioner could not meet the demand, since the increase in quantity was allowed, after a period of nearly 18 months. Therefore, he requests 1200 units by making a representation on 29.09.2009. On 26.01.2010, the second respondent inspected the premises, records and he recommended the claim. The third respondent on 15.02.2010, caused inspection and made a recommendation. Since then, the matter is pending before the first respondent and hence he has come forward with this petition for the relief set out earlier.

3. The main thrust of the arguments of the learned counsel for the petitioner is that when there is an increase in demand, it is the obligation on the part of the first respondent to permit the petitioner to have the required units as per FL3 license under the Tamil Nadu Regulation (Licence and permit) Rules 1981. Therefore, the first respondent has to consider the petitioner's claim based on his representation, dated 29.09.2009.

4. The learned Additional Government Pleader, on written instructions, from the respondents, dated 15.12.2011, proceedings in Na.Ka.No.51845/09/p-1 would submit that the second and third respondents have inspected the premises in respect of the requirements of the petitioner for an increased limit of 700 units to 1200 units and also other relevant particulars and informed to the first respondent and the same is pending consideration. Therefore, they are awaiting the decision from the first respondent. He has also informed that the concerned Commissioner is on election duty at Uttarpradesh. Therefore, a reasonable time limit may be given to the first respondent to consider the petitioner's claim based on the inspection report of the third respondent.

5. In the light of the above, considering the circumstances as the petitioner has made a claim for enhancement of the unit from 700 to 1200 units based on his FL3 license, it is for the respondents to consider the same based on the petitioner's representation, dated 29.09.2009, in the light of the relevant provisions of the Rules and FL3 license and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Same Court & Year Chennai · 2012 Same Parties P.V.Regunathan vs The Commissioner Same Subject Constitution Same Judge V.Dhanapalan, J. Acts & Sections Constitution of India - Articles 226; Tamil Nadu Regulation (...