Disposed

A.Kala @ Cala @ kalavathy v. Union Territory of Puducherry

Madras HC5 Feb 2024WP/2312/2024

Case brief

AI extract

What is this about?

This court issued a mandamus directing the Commissioner (Excise), Government of Puducherry, to dispose of a pending statutory appeal filed by the petitioners within three months, addressing their claim of hardship due to the delay in the appeal's disposal.

What did the court decide?

Direction to the first respondent (Commissioner (Excise)) to dispose of the statutory appeal within three months of receipt of the order.

A.Kala @ Cala @ kalavathy Vs Union Territory of… — Service and Employment | Madras HC (2024)

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W.P.No.2312 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.02.2024

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CORAM

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THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

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W.P.No.2312 of 2024 and W.M.P.No.2505 of 2024

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1.A.Kala @ Cala @ Kalavathy 2.R.B.Rajasekaran ... Petitioner

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-vs-

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1.Union Territory of Puducherry rep by the Commissioner (Excise), Government of Puducherry, Chief Secretariat, Puducherry.

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2.The Deputy Commissioner (Excise)- cum- Licensing Authority Government of Puducherry, Office of the Deputy Commissioner (Excise), Puducherry. ... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of

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India, pleased to issue a Writ of Mandamus, directing the 1st respondent to dispose of statutory Appeal dated 01-08- 2023 pending on the file of the Commissioner (Excise), Government of Puducherry preferred by the petitioners under Section 60 (2) of the Puducherry Excise Act, 1970 and r/w Rule 215 of the Puducherry Excise Rules,

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.2312 of 2024

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1970 within the Stipulated time frame as this Honble court.

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For Petitioners : Mr.Prakash Adiapadam

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For Respondents : Mrs.V.Usha, AGP (Pondicherry)

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ORDER

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The petitioners seeks a mandamus for the disposal of statutory appeal dated 01.08.2023 within a time limit specified by this Court. By asserting that the petitioners are the legal heirs of the late R.Balasundaram and that the FL-2 licence of M/s.Balaji Wines originally stood in the name of the paternal grandfather of the petitioners herein, the present writ petition is filed.

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The petitioners assert that the names of four legal heirs were

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deleted while transferring the FL-2 licence upon the death of the licencee. In those circumstances, it is stated that the petitioners had approached the second respondent seeking inclusion of their names.

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https://www.mhc.tn.gov.in/judis

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W.P.No.2312 of 2024

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The said request was rejected by order dated 15.05.2023, which is the subject of a statutory appeal filed before the first respondent on 01.08.2023.

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Learned counsel for the petitioner submits that the petitioners are being put to grave hardship on account of the failure of the first respondent to dispose of the appeal. Therefore, he seeks expeditious disposal thereof.

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Mrs.V.Usha, learned Additional Government Pleader

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(Pondicherry), accepts notice on behalf of the respondents. She submits that about three months time would be reasonable for the disposal of the appeal.

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In view of the above submissions, without expressing any opinion on the merits of the matter, the first respondent is directed to consider and dispose of the statutory appeal filed by the petitioners on 01.08.2023 within three months from the date of receipt of a copy

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https://www.mhc.tn.gov.in/judis

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W.P.No.2312 of 2024

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of this order after providing a reasonable opportunity to the petitioners and any other persons who would be affected by such order.

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W.P.No.2312 of 2024 is disposed of on the above terms. No

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costs. Consequently, W.M.P.No.2505 of 2024 is closed.

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05.02.2024

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rna Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No

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1.Union Territory of Puducherry rep by the Commissioner (Excise), Government of Puducherry, Chief Secretariat, Puducherry.

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2.The Deputy Commissioner (Excise)- cum- Licensing Authority Government of Puducherry, Office of the Deputy Commissioner (Excise), Puducherry.

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SENTHILKUMAR RAMAMOORTHY,J

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rna

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4/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.2312 of 2024

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W.P.No.2312 of 2024 and W.M.P.No.2505 of 2024

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05.02.2024

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5/5

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https://www.mhc.tn.gov.in/judis

A.Kala @ Cala @ kalavathy v. Union Territory of Puducherry

Case brief

What is this about?

What did the court decide?

A.Kala @ Cala @ kalavathy v. Union Territory of Puducherry

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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