Petitioner sought extension of TASMAC bar license due to COVID-19 closures. Court directed respondent to consider petitioner's representation on merits within four weeks.
Direction to respondent to consider petitioner's representation dated 02.09.2021 and pass orders on merits within four weeks.
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.
W.P(MD) No.16645 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.09.2021
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.16645 of 2021
Palanivel
...Petitioner
-Vs-
The District Manager, TASMAC Limited, Pudukkottai District. ... Respondent
Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider and extend the period of license for another 15 months in the light of the petitioner's representation, dated 02.09.2021.
For Petitioner : Mr.D.Rameshkumar For Respondent : Mr.H.Arumugam Standing Counse
O R D E R
Prayer sought for herein is for a Writ of Mandamus, directing the respondent to consider and extend the period of license for another 15 months in the light of the petitioner's representation, dated 02.09.2021.
2. By Order, dated 21.10.2019, the respondent issued bar license to the petitioner attached with TASMAC retail shop No.6537 at Keeramangalam Village, Pudukkottai District, for a period of two years from 01.10.2019 to 30.09.2021. As per the license condition, the petitioner claimed to have paid the licence fee, and had been running the bar for some time, however, due to COVID-19 first wave as well as the second wave, due to lock down and other procedure, for a considerable period, the bar was directed to be closed by the instructions of the Government, and in the meanwhile, since the entire license period is going to come to an end by 30.09.2021, because of the closure of the bar for longer period during the licence period, due to COVID-19, the petitioner claimed to have suffered loss, therefore, he wanted the respondent to extend the license period for further time, as they desire, and in this regard, https://hcservices.ecourts.gov.in/hcservices/
1/3
W.P(MD) No.16645 of 2021
the petitioner has given a representation to the respondent on 02.09.2021, and in order to consider the said representation, and pass orders on merits, within a time frame, the petitioner has approached this Court.
3. Heard, Mr.D.Rameshkumar, learned counsel appearing for the petitioner, who, having reiterated the same, seeks indulgence of this Court.
4. Mr.H.Arumugam, learned Standing Counsel, appearing for the respondent, who would submit that the claim made by the petitioner during the period, when the bar was closed, he has paid the monthly fees is not correct, but, anyhow, the representation, dated 02.09.2021 given by the petitioner to the respondent, would be considered on merits, and decided within a time frame, that may be stipulated by this Court.
5. Considering the limited scope of the prayer sought for by the petitioner herein and having regard to the submission made by the learned Standing counsel appearing for the respondent, this Court is inclined to dispose of this writ petition with the following order:
“that there shall be a direction to the respondent, to consider the representation of the petitioner, dated 02.09.2021, and pass orders thereon, on merits and in accordance with law, within a period of four (4) weeks, from the date of receipt of a copy of this order.”
6. With these directions, this writ petition is disposed of. However, there shall be no order as to costs.
Assistant Registrar (CS I)
// True Copy //
PNM/PJL
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
2/3
W.P(MD) No.16645 of 2021
To
The District Manager, TASMAC Limited, Pudukkottai District.
+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-29502[F] dated 17/09/2021 )
W.P.(MD)No.16645 of 2021 Dated: 16.09.2021
MGJ(25.10.2021) 3P 3C
3/3
1 issue framed by the court
Whether the respondent authority must consider the petitioner's representation regarding extension of bar license period.
Palanivel
The District Manager, TASMAC Limited, Pudukkottai District
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
