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2017 Supreme(Mad) 3333

S.MANIKUMAR, R.SURESH KUMAR
State of Tamil Nadu – Appellant
Versus
Hotel Mount Heera Rep. by its Partner, J. M. Amanullah – Respondent


Advocates Appeared:
For the Appellants :M. Elumalai, Government Advocate.
For the Respondents:R. Thiagarajan, Advocate.

JUDGMENT :

S. Manikumar, J.

1. While considering the correctness of the orders of rejection of the applications, submitted for renewal of FL.3 licence for year 2015-16, with reference to Rule 21 of the Tamil Nadu (Licence & Permit) Rules, 1981 and the objection of the Department of Prohibition and Excise, Chennai, that belated applications submitted for renewal of FL.3 licence cannot be considered, vide common order in W.P.Nos.34214 of 2015 etc., batch of writ petitions dated 10.06.2016, writ Court, at paragraph Nos.5 to 7, has ordered, as hereunder.

"5. At this stage, it has to be pointed out that rules of limitation are not meant to destroy the rights of the parties. They are meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. No person is going to benefit by belatedly filing application for grant or renewal of license. Only in cases where the delay is on account of malafide reasons, and when delay has not been explained satisfactorily, the authorities would be justifying in holding that the delay cannot be condoned. However, in the instan





















































































































































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