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2017 Supreme(Mad) 3545

T.S.SIVAGNANAM
R. Arumugam, Licensee, M/s. Breeze Bar, Karaikal – Appellant
Versus
Excise Commissioner, Department of Excise, Puducherry – Respondent


Advocates Appeared:
For the Petitioner: G.K. Ilanthirayan.
For the Respondents: J. Kumaran and R. Natarajan.

JUDGMENT :

T.S. SIVAGNANAM, J.

1. Heard Mr. G.K. Ilanthirayan, the learned counsel appearing for M/s. Sai Bharath and Ilan, the learned counsel for the petitioner and Mr. J. Kumaran, the learned Government Advocate for the respondents 1 and 2 and Mr. R. Natarajan, the learned counsel for the third respondent.

2. The petitioner was granted a licence, in Form FL-2 to establish a Liquor Shop with Bar attached. Initially, the Shop and the Bar were located in a rented premises. After the petitioner's spouse purchased a property, in T.S. No. 61/1, Tirunallar Road, Karaikal, they put up a construction to run the Liquor Shop and Bar in the said premises.

3. The petitioner applied for the transfer of the licence to their own premises, which was granted, and an order to the said effect was passed by the second respondent on 11.07.2009. The third respondent, who is the Secretary of a Temple situated opposite to the petitioner's new premises challenged the said order, by filing a Writ Petition in W.P. No. 15240 of 2009. The said Writ Petition was dismissed, by order dated 17.08.2009. On Appeal, in Writ Appeal No. 1432 of 2009, the Hon'ble Division Bench, by judgment, dated 06.11.2009, disposed the



























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