Writ petition challenging a penalty order levied for not lifting minimum liquor off-take. High Court held the order violated natural justice as no prior notice was issued, setting it aside with liberty to issue show cause notice.
Impugned order set aside with liberty to respondents to issue show cause notice and pass final orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 17.07.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.8599 of 2009 and M.P.No1 of 2009
Venkatachalam
...Petitioner
Vs.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, to call for the records on the file of the second respondent in proceedings C.Pa 3/2008/A and dated .12.2008 in directing the petitioner to pay a sum of Rs.3,40,945/- alleged to be the notional loss to the government and quash the same as illegal, incompetent and without jurisdiction and further direct the first respondent herein to return the EMD of Rs.1,00,000/together with interest at 18% per annum from the date of deposit till the date of realization and for consequential orders.
O R D E R
The order impugned in the present writ petition is levy of penalty, on the ground that the petitioner, being a licensee, had not lifted the minimum off-take of liquor fixed for the licensed shop, which is in violation of the conditions in the license. One of the main ground raised by the petitioner is that prior to the issuance of the impugned order, they were not given any prior opportunity to putforth their objection and therefore, in the absence of the same, the impugned order cannot be sustained.
Sd/-
Assistant Registrar(CO)
//True copy//
Sub Assistant Registrar
sni
To
+1cc to Mr.V.Raghavachari, Advocate SR.No.60994
+1cc to Government Pleader SR.No.61260
W.P.No.8599 of 2009 and M.P.No1 of 2009
KK(CO) GMY(16/08/2019)
1 issue framed by the court
Whether a penalty order levied for failure to lift minimum off-take of liquor violates principles of natural justice due to lack of prior notice and opportunity to be heard?
1 provisions across 1 enactments
Venkatachalam
The District Collector, Salem District
The Taluk Excise Officer, Mettur
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
