Dismissed

M.Thillai Sababady v. The District Collector

Madras HC18 Jun 2019WP/16089/2019

Case brief

AI extract

What is this about?

Residents filed a PIL seeking a writ to stop granting a liquor license to a proposed bar near residential areas, schools, and temples. The Court recognized the representation filed by residents and directed the relevant authorities to consider it expeditiously.

What did the court decide?

Directed Deputy Commissioner of Prohibition and Excise Department to consider petitioner's representation dated 20.03.2019 on merits expeditiously.

M.Thillai Sababady Vs The District Collector — Writ and Judicial Review | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.06.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE SUBRAMONIUM PRASAD

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W.P.No.16089 of 2019
and WMP No.15856 of 2019
M.Thillai Sababady .. Petitioner
Vs.
1. The District Collector,
Puducherry.
2. The Deputy Collector,
Excise Department,
Thattanchavady,
Puducherry - 9.
3. The Tahsildar,
Department of Revenue and Disaster Management,
Villiyanur, Puducherry.
4. The Commissioner,
Villiyanur Commune Panchayat,
Villiyanur, Puducherry.
4. M/s. Indian Royal Restaurant,
Roof top Bar,
Villiyanur Main Road, Kottaimedu,
Villiyanur, Puducherry. .. Respondents
Prayer: Writ Petition is filed under Article 226 of the
Constitution of India, issuance of a Writ of Mandamus,
directing the respondents to 4 to not to grant any
license/permission for sale of liquor in any manner to the
5th respondent based on the petition dated 20.03.2019.

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For Petitioner : Mr.S.C.Vishwanath For Respondents: Mr.C.T.Ramesh, (for R1 to R4) Addl.Govt.Pleader (Puducherry)

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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(Order of this Court was made by S.Manikumar, J.)

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Objecting to the location of a bar, petitioner seems to have sent a representation dated 20.03.2019 to the District Collector, Puducherry, the Deputy Collector, Excise Department, Puducherry, the Tahsildar, Department of Revenue and Disaster Management, Puducherry and the Commissioner, Villiyanur Commune Panchayat, Puducherry, respondents 1 to 4 respectively, which reads thus.

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"From:

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The residents of Kottaimedu Village,

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Villianur Commune Panchayath, Puducherry

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To: 1. The District Collector, Puducherry. 2. The Deputy Collector, Excise Department, Puducherry

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The Deputy Tahsildhar,

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Department of Revenue and Disaster Management, Villianur, Puducherry

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The Commissioner,

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Villianur Commune Panchayath, Villianur, Puducherry

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We, the residents of Kottaimedu Village, Villianur, Puducherry hereby through this representation submits that, there are 2000 residential houses in our Kottaimedu Village situated within the Vilianur Commune Panchayat limit. In Kottaimedu Village, within the vicinity of 100 meter radius, one Girls Higher Secondary School, a Women’s College, Agoramariamman Temple, Government Boys Hostel and Samathiamman Temple are there. We very recently came to know that in the comer of Arichandra Street, and Villupuram Main Road, a liquor shop is being proposed to be opened. It is submit that the proposed place is a residential area with tickly packed number of houses. In such event of allowing any sale of liquor that specific place, a lot public tranquility and the public peace will be https://hcservices.ecourts.gov.in/hcservices/ affect.

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Hence, we the people of Kottaimedu Village request your good selves, not give license/permission for the sale of liquor in any manner in that specified place in order to ensure the safety, peace and wellbeing of the Kottaimedu Village locality."

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Sd/-

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M.Thillai Sababady

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Contending inter alia that the said representation remains unanswered, instant Public Interest Litigation is filed.

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Representing respondents 1 to 4, Mr.C.T.Ramesh, learned Additional Government Pleader (Puducherrry), submitted that the location of the bar is governed by the Pondicherry Excise Rules, 1970. License is yet to be granted. Subject matter is pending on the file of the Deputy Commissioner of Prohibition and Excise Department, Government of Pondicherry.

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Deputy Commissioner of Prohibition and Excise Department, Government of Pondicherry is directed to consider the petitioner's representation dated 20.03.2019, on merits and in accordance with law, as expeditiously as possible.

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With the above direction, the writ petition is disposed of. No Costs. Consequently, the connected miscellaneous petition is closed.

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Assistant Registrar(CS)

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//True Copy//

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Sub Assistant Registrar

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ars/pkn

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The District Collector, Puducherry.

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The Deputy Collector, Excise Department, Thattanchavady, Puducherry – 9.

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https://hcservices.ecourts.gov.in/hcservices/

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The Tahsildar,

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Department of Revenue and Disaster Management, Villiyanur, Puducherry.

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The Commissioner, Villiyanur Commune Panchayat, Villiyanur, Puducherry.

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+1cc to Mr. S.C.Vishwanath , Advocate SR.No. 49529 +1 cc to Government Pleader Sr.No. 49880

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W.P.No.16089 of 2019 and WMP No.15856 of 2019 A.SK(15/07/2019)

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https://hcservices.ecourts.gov.in/hcservices/

M.Thillai Sababady v. The District Collector

Case brief

What is this about?

What did the court decide?

M.Thillai Sababady v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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