Writ petition challenging grant of FL2 licence for a bar near National Highway due to distance violations. Court appointed Advocate Commissioner to measure distance. On undertaking by respondent not to extend entrance or allow third parties, petition disposed of with specific directions.
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W.P.(MD) No.10815 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.07.2024
CORAM:
THE HON'BLE MR .D.KRISHNAKUMAR , ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.10815 of 2024 and
W.M.P.(MD) Nos.9653 & 12177 of 2024
M.Saravanakumar
... Petitioner
-vs-
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W.P.(MD) No.10815 of 2024
4.The District Manager Tamil Nadu State Marketing Corporation (TASMAC) Pudukottai District
6.Time Pass Sports & Recreation Club rep.by its Secretary M.Sethuraman S/o.Muniyandi No.2/251, 3E, Ezhil Nagar Krishnasamuthiram Thiruverumbur Taluk Trichirappalli-620 014
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 herein not to grant FL2 Licence in favour of the sixth respondent, namely Time Pass Sports & Recreation Club to run a bar in the building situated in Survey No.371/1A2A, Kundrandarkoil Panchayat Union, Kulathur Taluk, Pudukottai.
For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.P.Thilakkumar Government Pleader for R1 to R3 & R5 Mr.H.Arumugam for R4 Mr.R.Gandhi, Senior Counsel for M/s.Gandhi Associates for R6
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O R D E R
W.P.(MD) No.10815 of 2024
[Order of the Court was made by The Hon'ble ACTING CHIEF JUSTICE]
Prayer in this writ petition is to direct the respondents 1 to 5 herein not to grant FL2 Licence in favour of the sixth respondent, namely Time Pass Sports & Recreation Club to run a bar in the building situated in Survey No.371/1A2A, Kundrandarkoil Panchayat Union, Kulathur Taluk, Pudukottai.
2. The sixth respondent has proposed to start a shop for sale of liquor and bar in the land situated in Survey No.371/1A2A of Kundrandarkoil Panchayat Union and applied for FL2 licence. Trichy-Pudukottai National Highway is running through the said land and the distance between the proposed bar site and the National Highways road is only 50 Feet. As per the directions issued by the Honourable Supreme Court, no shop for sale of liquor shall be situated within the distance of 220 Meters. Though the petitioner made representations to the authorities concerned in this regard, the same have not been considered. Therefore, this writ petition.
3. On the earlier hearing, in view of the contrary statements made by the learned counsel for the petitioner and the learned counsel for the sixth
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W.P.(MD) No.10815 of 2024
respondent with regard to the distance between the Club and the National Highways road, an Advocate Commissioner was appointed to measure the distance between the road margin and the Club with the help of the Taluk Surveyor and the authorities of the Highways Department. Pursuant to the said direction, the Advocate Commissioner has inspected the concerned site and filed a report before this Court.
4. A perusal of the said report shows that though the northern and southern side of the sixth respondent's Club is closed, but it is situated within 10.4 Meters from the National Highways Road and the northern side of the Club can be extended as an alternative entrance in future. Further, the distance between the Club and the road margin, as per aerial view, is 123.43 Meters.
5. Learned Senior Counsel appearing for the sixth respondent, on instructions, undertakes that the sixth respondent will not extend the entrance or open any alternative entrance in future and the present existing entrance alone will be used as entrance and he will not put up any board and any signage inviting any third party to use the Club.
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W.P.(MD) No.10815 of 2024
6. In view of the above undertaking given by the learned Senior
Counsel for the sixth respondent, we are inclined to pass the following orders:
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W.P.(MD) No.10815 of 2024
costs. Consequently, connected miscellaneous petitions are closed.
[D.K.K., A.C.J.] [R.V., J.]
19.07.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
To:
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W.P.(MD) No.10815 of 2024
D.KRISHNAKUMAR , A.C.J. and R.VIJAYAKUMAR, J.
krk
W.P.(MD) No.10815 of 2024 and W.M.P.(MD) Nos.9653 & 12177 of 2024
19.07.2024
____________ Page 7 of 7
1 issue framed by the court
Whether the proposed FL2 licence for a bar is in compliance with Supreme Court directions regarding minimum distance from National Highways?
M.Saravanakumar
The Commissionerate of Prohibition and Excise Department
The District Collector
The Assistant Commissioner Prohibition and Excise Department
The District Manager Tamil Nadu State Marketing Corporation (TASMAC)
The Revenue Tahsildar
D.Krishnakumar
R.Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
