Disposed

M/S.Happee Wines v. Union of India

Madras HC4 Nov 2024WP/28664/2024

Case brief

AI extract

What is this about?

Court allowed writ petitions filed by liquor companies seeking payment of dues and interest. Court directed respondents to consider petitioners' representations on merits, affording reasonable opportunity of hearing, within eight weeks, without expressing views on merits.

What did the court decide?

No order as to costs. Petitioners directed to submit representations for consideration by respondents within 8 weeks.

M/S.Happee Wines Vs Union of India — Company and Corporate | Madras HC (2024)

¶1

W.P. Nos.28664 to 28666 and 28668 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 04.11.2024

¶4

CORAM

¶5

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

¶6

W.P. Nos.28664 to 28666 and 28668 of 2024

¶7

W.P. No.28664 of 2024

¶8

M/s. Happee Wines, Rep. by its Managing Partner, P. Anand, S/o Packirisamy, No.6, 100 Feet Road, Jeyam Nagar Mudaliarpet, Puducherry - 605 004. ... Petitioner

¶9

-vs-

¶10

Union of India, Rep. by its Chief Secretary to Government, Government of Puducherry, Puducherry.

¶11

The Excise Commissioner, Government of Puducherry, Puducherry.

¶12

The Managing Director, The Puducherry Agro Products, Food & Civil Supplies Corporation Limited, (A Government of Puducherry Undertaking) Having its registered office at Agricultural Campus, Tattanchavadi, Puducherry - 605 009. ... Respondents

¶13

Page 1 of 8

¶14

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

¶15

W.P. Nos.28664 to 28666 and 28668 of 2024

¶16

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of MANDAMUS, directing the respondents to forthwith pay the petitioner a sum of Rs.2,11,28,333/together with interest @ 24% per annum from the date of filing of the writ petition till full payment is made by the respondents.

¶17

For Petitioner : M/s. A.L. Ganthimathi, Senior Advocate (For M/s. L. Palanimuthu)

¶18

For RR 1 & 2 : Mr. R. Sreedhar AGP (Puducherry) For R3 : Mr. T. M. Naveen

¶19

W.P. Nos.28665 of 2024

¶20

M/s. Happee Wines, Rep. by its Managing Partner, P. Anand, S/o Packirisamy, No.6, 100 Feet Road, Jeyam Nagar Mudaliarpet, Puducherry - 605 004. ... Petitioner -vs-

¶21

Union of India, Rep. by its Chief Secretary to Government, Government of Puducherry, Puducherry.

¶22

The Excise Commissioner, Government of Puducherry, Puducherry.

¶23

Page 2 of 8

¶24

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

¶25

W.P. Nos.28664 to 28666 and 28668 of 2024

¶26

The Managing Director, The Puducherry Agro Products, Food & Civil Supplies Corporation Limited, (A Government of Puducherry Undertaking) Having its registered office at Agricultural Campus, Tattanchavadi, Puducherry - 605 009. ... Respondents

¶27

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of MANDAMUS, directing the respondents to forthwith pay the petitioner a sum of Rs.72,33,556/- together with interest @ 24% per annum from the date of filing of the writ petition till full payment is made by the respondents.

¶28

For Petitioner : M/s. A.L. Ganthimathi, Senior Advocate (For M/s. L. Palanimuthu) For RR 1 & 2 : Mr. R. Sreedhar AGP (Puducherry) For R3 : Mr. V. Vasantha Kumar

¶29

W.P. No.28666 of 2024

¶30

M/s. Sree Meenakshi Wines, Rep. by its Managing Partner, P. Anand, S/o Packirisamy, No.144/3, (Ground Floor), 100 Feet Road, Pakkamudayanpet, Puducherry - 605 008. ... Petitioner

¶31

-vs-

¶32

Page 3 of 8

¶33

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

¶34

W.P. Nos.28664 to 28666 and 28668 of 2024

¶35

Union of India, Rep. by its Chief Secretary to Government, Government of Puducherry, Puducherry.

¶36

The Excise Commissioner, Government of Puducherry, Puducherry.

¶37

The Managing Director, The Puducherry Agro Products, Food & Civil Supplies Corporation Limited, (A Government of Puducherry Undertaking) Having its registered office at Agricultural Campus, Tattanchavadi, Puducherry - 605 009. ... Respondents

¶38

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of MANDAMUS, directing the respondents to forthwith pay the petitioner a sum of Rs.1,70,36,664/together with interest @ 24% per annum from the date of filing of the writ petition till full payment is made by the respondents.

¶39

For Petitioner : M/s. A.L. Ganthimathi, Senior Advocate (For M/s. L. Palanimuthu) For RR 1 & 2 : Mr. R. Sreedhar AGP (Puducherry) For R3 : Mr. V. Vasantha Kumar

¶40

Page 4 of 8

¶41

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

¶42

W.P. Nos.28664 to 28666 and 28668 of 2024

¶43

W.P. No.28668 of 2024

¶44

M/s. Sree Meenakshi Wines, Rep. by its Managing Partner, P. Anand, S/o Packirisamy, No.144/3, (Ground Floor), 100 Feet Road, Pakkamudayanpet, Puducherry - 605 008.

¶45

... Petitioner

¶46

-vs-

¶47

Union of India, Rep. by its Chief Secretary to Government, Government of Puducherry, Puducherry.

¶48

The Excise Commissioner, Government of Puducherry, Puducherry.

¶49

The Managing Director, The Puducherry Agro Products, Food & Civil Supplies Corporation Limited, (A Government of Puducherry Undertaking) Having its registered office at Agricultural Campus, Tattanchavadi, Puducherry - 605 009. ... Respondents

¶50

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of MANDAMUS, directing the respondents to forthwith pay the petitioner a sum of Rs.6,95,234/- together with interest @ 24% per annum from the date of filing of the writ petition till full payment is made by the respondents.

¶51

Page 5 of 8

¶52

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

¶53

W.P. Nos.28664 to 28666 and 28668 of 2024

¶54

For Petitioner : M/s. A.L. Ganthimathi, Senior Advocate (For M/s. L. Palanimuthu) For RR 1 & 2 : Mr. R. Sreedhar AGP (Puducherry) For R3 : Mr. T. M. Naveen ******

¶55

COMMON O R D E R

¶56

These writ petitions filed seeking writ of mandamus to consider the representations of the petitioner and to direct the respondent to forthwith pay to the petitioners the due amount on the supply of liquor and beer, together with interest @ 24% per annum from the date of filing of the writ petition till final payment is made by the respondents.

¶57

At the outset, It was submitted by the learned counsel for the respondents that the petitioners may submit their representations along with supporting documents including orders of this Court or the Supreme Court, if any, in support of their claim and upon receiving such representations, the

¶58

same shall be considered by the appropriate Authority, agreed to by the learned counsel for the petitioner.

¶59

Page 6 of 8

¶60

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

¶61

W.P. Nos.28664 to 28666 and 28668 of 2024

¶62

In view thereof, taking into consideration the facts and

¶63

circumstances of the case and the relief sought for in these Writ Petitions, there shall be a direction to the respondents that, if any such representation is made by the petitioners, the same shall be considered by the appropriate Authority on merits and orders shall be passed in accordance with law, after affording reasonable opportunity of hearing to the petitioners, within a period of eight (8) weeks from the date of receipt of such representation. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

¶64

Accordingly, these writ petitions are disposed of. There shall be

¶65

no order as to cost.

¶66

04.11.2024

¶67

Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No stn

¶68

Page 7 of 8

¶69

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

¶70

W.P. Nos.28664 to 28666 and 28668 of 2024

¶71

MOHAMMED SHAFFIQ, J.

¶72

stn

¶73

¶74

The Chief Secretary to Government, Government of Puducherry, Puducherry. 2. The Excise Commissioner, Government of Puducherry, Puducherry. 3. The Managing Director, The Puducherry Agro Products, Food & Civil Supplies Corporation Limited, (A Government of Puducherry Undertaking) Having its registered office at Agricultural Campus, Tattanchavadi, Puducherry - 605 009.

¶75

W.P. Nos.28664 to 28666 and 28668 of 2024

¶76

04.11.2024

¶77

Page 8 of 8

¶78

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

M/S.Happee Wines v. Union of India

Case brief

What is this about?

What did the court decide?

M/S.Happee Wines v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Tvl. T.S.R Trading Company Vs The Commissioner of Commercial taxes

Tvl. T.S.R. Trading Company Vs The Commissioner of Commercial Taxes

Abu. Shamima Parveen Vs The Income Tax Officer

M/S.Canon India Private Limited Vs State Tax Officer / Group-Vi

E.Krishnamurthy Vs the Commissioner of Prohibition and Excise

Indian Green Service Vs the Appellate Deputy Commissioner (St)